The objective of this letter is to submit writing contributions of the International Centre of Comparative Environmental Law (C.I.D.C.E., France), the Interdisciplinary Research Centre on Environmental, Urban and Planning Law (CRIDEAU-OMIJ, France), Foundation Getulio-Vargas (Brazil), Federal Prosecution of the Federative Republic of Brazil to the UNCSD Secretariat in order to serve as basis for the preparation of zero draft of the outcome document.
The objective is to elaborate legal recommendations carrying environmental protection and to make them take into account by the Conference ?Rio + 20? in June 2012.

Law is an essential instrument to treat the two topics fixed by the Resolution 64/236: ?green economy? and ?the institutional framework of sustainable development?.

We want to contribute to make progress the environmental law, to reinforce its application and to conclude new conventions.
Thus, the International Centre of Comparative Environmental Law (C.I.D.C.E., France), the Interdisciplinary Research Centre on Environmental, Urban and Planning Law (CRIDEAU-OMIJ, France), Foundation Getulio-Vargas (Brazil) and the Federal Prosecution of the Federative Republic of Brazil have organized meetings :

1. French-Brazilian scientific workshops of the environmental lawyers in Rio de Janeiro, 24th and 25th of June 2011 (Brazil), (Recommendations in English and in Portuguese enclosed, appendix 2),

2. D French-Brazilian scientific workshops of the environmental lawyers in Sao Paulo 27th and 28th of June 2011 (Brazil), (Recommendations in English and in Portuguese enclosed, appendix 3),

3. The third worldwide conference of environmental law NGO and lawyers in Limoges (France), September 29-30th, October 1st 2011, (Recommendations in French and in English enclosed appendix 4),

These events made it possible to gather, discuss and formulate specific proposals while being inspired partly but not exclusively* quoted topics and to submit them to theUNCSD secretariat. Moreover a call for action from lawyers and environmental law organizations was opened for signature on Internet (http://www.cidce.org), appendix 1.

*Listing of the themes:

I. Human rights and environment: the challenges of the law

1 ? The non regression principle in environmental law

2 ? The environmental justice

3 ? The ecological disasters and human rights

4 ? The effectiveness of the existing environmental law

5 - The fundamental right to land and food

II. The new world conventions on environment

6 ? The draft world convention on environment (IUCN?s covenant)

7 ? The draft world convention on environmental evaluation

8 ? The draft convention on soil (IUCN)

9 - For a convention on land-based pollution of the seas and oceans

10 - The draft convention on the status of environmentally-displaced people

11- For a convention on environmental protection in case of armed conflicts

12- The draft convention on the offshore oil exploitation

13- The draft convention on mercury

14 ? The draft world convention on landscape

III. The institutional framework for sustainable development and international environmental governance

15-
The World Environmental Court

16-
The Environmental World Organization

17-
The transformation of the UN Economical and Social Council in Economical, Social and Environmental Council

18-
The place of the civil society and NGO in international law of the environment

IV. The green economy in the context of sustainable development and poverty eradication: issues for greening the planet

Open for signature 1 October 2011, to be delivered to the PARTICIPATING STATES OF THE RIO+20 CONFERENCE (4-6 JUNE 2012)
We, the undersigned lawyers, solemnly appeal to all participants in the United Nations Conference in Rio de Janeiro, Brazil, on 4-6 June 2012, to ensure that the Conference serves all living beings and humanity in an effort to preserve and protect present and future generations from ecological disaster, including Climate change,

We, the undersigned lawyers, concerned about the accelerating degradation of the environment, and desiring that human activities respect global ecological limits of the Earth,

We, the undersigned lawyers, reaffirming the indispensible role of law and of the measures in place to provide for effective implementation of the law at the international, regional, national and local level so as to contribute to the continual improvement of the quality of the human and natural environment to which all are entitled, and

Taking into account the announced themes of the Rio+20 Conference, namely "a green economy in the context of sustainable development and eradication of poverty" and "the institutional framework for sustainable development",

I. Call upon the States and Governments of the world to highlight the political importance of the Rio+20 Conference through the following strong signals:

1. The presence of Heads of State and of Government at the Rio Conference on 4-6 June 2012,

2. The solemn reaffirmation of the principles of international solidarity and sustainable development, as essential elements in the struggle against poverty and inequality,

3. The proclamation of the interdependence between world peace and security and the respect for human rights and protection of the environment.

II. We further call upon World leaders to fill significant gaps in environmental law through:

1. Establishing a principal of non-regression in environmental law,

2. Committing States to implement and give effect to environmental democracy as defined in Principle 10 of the Rio Declaration of 1992 through the rights to information, to participation and to access to justice, either by ratifying relevant existing conventions or by creating new global or regional conventions,

3. Commitment by States either to ratify or adhere to, as the case may be, global and regional conventions on environmental protection that are either already in force or not,

4. Commitment by States to sign in Rio the global convention on mercury currently being negotiated under the auspices of UNEP.

III. We further call on World leaders to commit to negotiations that will lead to true global environmental governance:

1. By inviting the General Assembly and the Security Council of the United Nations to broaden the jurisdiction of the United Nations Economic and Social Council (ECOSOC) to include the environment and to assure adequate representation in ECOSOC of environmental NGOs,

2. By creating a World Environment Organization (WEO) as a specialized institution of the United Nations joining together all States with new missions, endowed with significant capacities and able to reinforce actions undertaken by UNEP,

3. By creating judicial mechanisms for environmental conflict resolution, including a World Environmental Court,

4. By giving civil society and in particular environmental NGOs a greater role in international and regional decisionmaking processes concerning the environment and/or sustainable development, through the adoption of a set of guidelines guaranteeing minimum standards of participation in such processes, as well as a greater role in international and regional organizations.

5. By reinforcing the independence of international organizations so as to guarantee the absence of conflicts of interest; and in particular so as to guarantee the independence of the World Health Organization (WHO), by seeking an end to its agreement of 28 May 1959 to defer to the International Atomic Energy Association on questions related to exposure to radioactive substances and resulting health consequences.

IV. We further call on World leaders to commit themselves to negotiating new Conventions or similar instruments on the environment that respond to urgent needs in regard to health, preservation of biodiversity and human rights, namely :

- An international Pact on environment and development

- A Convention on protection of soils

- A Convention on environmental impact assessment that includes consideration of social and cultural impacts and impacts related to energy consumption

- A Convention regarding pollution of the oceans and seas from terrestrial sources

- A Convention on marine protected areas on the high seas

- A Convention on exploitation of offshore oil

- A Convention on landscapes

- A Convention on environmental protection in the context of armed conflict

- A Convention on ecological catastrophes

- A Convention on the legal status of persons displaced for environmental reasons

V. We further urge World leaders to promote an economy capable of supporting the implementation of sustainable development and contributing among other things to the eradication of poverty:

1. By reinforcing the environmental responsibility of private enterprises, in regard to both preventation and rehabilitation, and by establishing internationally the duty of social and environmental governance, including full respect of existing norms,

2. By reinforcing the capacity of judges to handle environmental disputes through training that ensures their independence and professionalism, including by creating, as needed, specialized environmental tribunals,

3. By going beyond the current non-binding international agreement on forests to adopt a convention on forests as soon as possible and in any event no later than the deadline of 2015 fixed by the United Nations Forum on Forests (UNFF),

4. By embedding the right to water and to sanitation in the framework of sustainable development,

5. By reinforcing social and environmental rights under the Energy Charter Treaty and aiming for universal access to energy through an ambitious plan of the International Renewable Energy Agency (IRENA),

6. In light of evidence of the globalization of massive acquisitions of agricultural lands and natural and rural areas, and the acceleration of impacts on food security, biodiversity and soils:

- by initiating negotiation of a Protocol to the Convention on Biological Diversity on land acquisition and control and protected areas, and

- by creating within the FAO an international program of action for the development and preservation of agro-ecosystems,
7. By developing new qualitative and quantitative indicators for measuring progress in the environment and in development,

8. By establishing, in accordance with the precautionary principle, a mechanism for the control and regulation of nanotechnology that may pose a risk to the environment and health,

9. By supporting the promotion and development of sustainable tourism consistent with both environmental and developmental needs.

We, the undersigned lawyers, are convinced that in order to make rapid progress toward sustainable development, it is vital to make advances in environmental law and to better integrate it with other areas of the law.

To fully implement and give effect to environmental law, it is necessary to reinforce concerted action by governments, legislatures, local communities, international and regional organizations, civil society, private enterprises, worker organizations, and environmental and sustainable development NGOs.

Judges, prosecutors and lawyers, at the national as well as regional and international levels, have a particular responsibility to present and future generations in implementing and giving effect to environmental law.

We, the undersigned lawyers, call upon States, on behalf of the people they represent, to make the 2012 Rio+20 Conference a decisive moment toward the common future of humanity and ecosystems.

Centre international de droit comparé de l?environnement (International Center for Comparative Environmental Law)

Limoges, FRANCE, 1 October 2011

A call issued following the working sessions of the world meeting of lawyers and environmental law organizations from five continents, in Limoges, France on 29-20 September and 1 October 2011 (reports, along with 25 recommendations, available at : www.cidce.org)

NORMATIVE RECOMMENDATIONS FOR RIO + 20

The recommendations in this document are the result of initiatives that were undertaken and continue to be organized by the Program in Law and Environment - PDMA of FGV Law School Rio. Among them may be mentioned: the International Preparatory Journey for Rio + 20, on 24th and 25th June 2011. The theme of the Journey, ?The green economy in the context of sustainable development: the governance of public and private actors" resulted in a book edited by Carina Costa de Oliveira and Rômulo Sampaio. Two other initiatives were: the Forum for Sustainability Rio+20 FGV Law School (http://riomais20.direitorio.fgv.br/), which remains stimulating discussions on 70 topics related to discussions of the Rio + 20; and the PDMA participation in The Access Initiative - a network of nongovernmental organizations that works with the implementation of Principle 10 of Agenda 21 which addresses the issues of access to information and public participation.

GREEN ECONOMY ON SUSTAINABLE DEVELOPMENT AND ERADICATION OF POVERTY CONTEXT

1)Definitions

a) Important aspects for Green economy concept

1) The internalization of externalities of social and environmental costs. Some policies to promote internalization would be, for example, the valuation of natural resources through taxes and tax incentives to encourage sustainable practices (PDMA).

2) The determination of social goals that could be implemented by the "green economy". The goals could include: job expansion, consumption decline, production more sustainable and housing guarantee. Relevant policies would promote sustainable bidding criteria, enable regulation and encourage public investment in priority areas (PDMA).

3) Concerning to the green economy, it is observed that the more sectorized it is analyzed, can be more easily identified policies that could encourage the construction of ?green? perspective. Each specific area, such as construction, tourism, biodiversity, energy, cities, has their peculiarities. The concept of green economy could be taken from the sustainable progress of each economic sector (PDMA).

b) Important aspects for sustainable development concept

1) Identify general criteria of sustainability from a definition given by each country. Each country can send to the UN Secretariat for the Rio + 20 its definition of sustainable development. This proposal stems from disparities between economic, social and environmental performance of each state. Each one must identify how it can contribute to the present and future lives.

2) It is suggested to build a Brazilian concept of sustainable development in accordance with the priorities of public policies for the country.

3) Opinion on the relevance of the concept of each state:

"A concept is an abstraction that is used to intellectualize a complex issue. Thus, it is possible to explain the complexity of reality that becomes more accessible. However, the risk that comes with the use of a concept is the simplifying and trivializing of it. It can be regarded as the perfect mirror of reality. And both a methodological and scientific error. Sometimes this path is taken to the concept of sustainable development. People who work on this issue want to universalize and standardize the concept. Therefore, it kills the content of sustainable development. The principles of sustainable development must be implemented by each state. Each state has its own level of development, its economies and its society. Therefore, they are different and have neither the same goals, or the same means to accomplish their goals. Environmental considerations, for example, have the same value in each state. In this sense, what is sustainable development for a state is not necessarily the same thing to another state. Therefore, it is useful to have a single definition of the concept of sustainable development. Practically every state knows its needs within its development. Therefore, it can decide its policies according to its reality. Finally, it is useful to highlight a point. The final containers of development and sustainable development theories ? humans - are sometimes forgotten and neglected by those working on these issues. Their realities are so complex, so different that it is difficult to understand how you can make a theory of sustainable development without realizing some practical studies. Moreover, these theories are often built in offices, in few hours. It is one reason why sustainable development has little practical effect "(Nitish Monebhurrun).

2) Sustainable Trade and Investments

a) Forests

International Recommendations

1) Adopt a convention on the theme (Luciene Araújo).

2) Increased input of financial resources for implementation of payment for environmental services such as the Global Environment Facility ? GEF. (Luciene Araújo).

b) Establish a binding target, "a minimum" of renewable energy in 10 years for developed countries and in 15 or 20 years for developing countries (obligation of result, leaving the states free of the means used to achieve this) and finally integrate the planning requirements for each state. (Meryem Deffairi).

c) Provide a mechanism for financial sanctions applicable in 10 years, and every five years, depending on the level of renewable energy in each state, by paying a fine to an independent international institution responsible for "re-injection" of funds in development projects technology for producing renewable energy. (Meryem Deffairi)

2) Instead of discussing a new institutional framework we should be questioning capacity of action of the International Agency for Renewable Energy established in January 2009 (IRENA - http://www.irena.org/home/index.aspx?PriMenuID=12&mnu=Pri) (Priscila Pereira de Andrade) National Recommendations

1) Be part of International Agency for Renewable Energy established in January 2009 (IRENA - http://www.irena.org/home/index.aspx?PriMenuID=12&mnu=Pri)

2) Adoption of government policies to encourage substitution of energy sources based on fossil fuels by renewable energy (Luciane Mascarenhas).

3) Implementation by local governmentof legislation and regulations to promote the use of renewable energy (Luciane Mascarenhas).

4) "Breaking Patents" or your purchase more favorable for the need for investment in renewable energy due to weather problems experienced. (Luciane Mascarenhas)

5) Public policies aimed at reducing consumption in order to also reduce power consumption (Luciane Mascarenhas).

7) Patents acquisition more favorable in view of the need for investment in renewable energy due to weather problems experienced. (Luciane Mascarenhas).

8) Reduction of tariffs and subsidies in order to implement technologies used to generate renewable energy to reduce costs and increase their production.(Luciane Mascarenhas).

c) Biodiversity and compensation mechanisms

International Recommendations

1) Juridically qualify biodiversity and give it a legal statute in the international arena (Jessica Makowiak).

2) Define in international area the compensation and its criteria (Jessica Makowiak). 3) Situate the compensation notion with recognized principles of international and environment law (the precautionary principle, polluter-pays). The compensation can anticipate or intervene prior to the damage (Jessica Makowiak)

1) In the private law area, the inclusion of social environmental clauses and also the exclusion of "stabilization" clauses to enable the adoption of rules of human and environmental rights ratified after the signing of agreements. (Sílvia Pinheiro)

e) Technology Transfers

International Recommendations

1) Protection to international finance of technology transfer mechanisms, with respect to intellectual property rights, but focused on development promotion. (Renata Calsing, Maria Marinho and Carlos Henrique Rubens Tomé Silva).

2) Formation of a found that allows purchase of clean technologies, considered relevant to the environment protection. (Renata Calsing and Maria Marinho).

4) Promotion of the discussion about mandatory license adaptability to accessing necessities to clean technologies and the discussion about other mechanisms. (the invention is an improvement, a reduction of production costs and that?s why the holder company uses its exclusive right to differentiate themselves in the market. So the incentive to transfer technology through licensing will only be effective if states establish mechanisms to encourage holder private sector or co-holder of proprietary technologies that impact on environmental protection). (Renata Calsing and Maria Marinho).

National Recommendations

1) Nationally, evaluation of creative forms to give flexibility to intellectual property rights, which do not violate the State?s international commitments and, at the same time, make possible the incorporation of new technologies developed abroad. (Carlos Henrique Rubens Tomé Silva).

1) Put the U.S. government securities that comprise the international reserves of BRICS members (Brazil, Russia, India, China and South Africa) in an investment fund managed by the shareholders. (Virgílio Gibbon).

2) To develop rules for the Investment Fund regarding the possibility to issue a ?Green Currency? to the limit of its assets. The Green Money shall only be applied to actions or funding of sustainable projects of countries that accept to be beneficiaries of the Fund. (Virgílio Gibbon)

3) To subscribe to a Shareholders Agreement that give the Green Currency the same treatment given to the U.S. dollar today. That is, it is computed as international reserve and gives rise to the issuance of the corresponding national currency. (Virgílio Gibbon)

1) Conduct an integrated product policy based on an examination of the impact of products throughout their life cycle. Promote discussion between public and private powers on the subject, so that the measures can be effective and have the lowest cost (PDMA).

2) Corporate Social Responsibility for the entire production cycle, including: local communities, salaried, shareholders, business partners, suppliers, customers, public authorities. (PDMA).

3) Sustainable financing: direct funding for specific areas: the funding would benefit some communities or disadvantaged municipalities. Making loans through local development banks in deposits, with rates equal to or below the market price (PDMA).

h) Sustainable Consumption

1) Accountability of individuals and companies for their sustainable consumption (PDMA).

2) Control of misleading consumers by companies that have clauses in their codes of conduct on environmental protection or certifications related to Corporate Social Responsibility. (PDMA).

3) Respect for the environment in public administration is based on the following pillars: the rational use of resources, proper disposal of waste, sustainable public procurement, environment, healthy work. (Maria Augusta Ferreira) National Recommendations

1) The environmental responsibility of federal, state and local organs includes, besides the liability for damage provided for in art., prevention of damage by reducing the environmental impact of state activities, from the adoption of sustainable management practices. (Maria Augusta Ferreira)

b) Liability of business

International Recommendations

1) Device that indicates the strict liability of companies for environmental damage caused by companies, with solidarity between the headquarters and branches (Carole Peychaud).

2) Agreement on "Rights and responsibilities of market players" with devices such as: (PDMA)

a) Minimum criteria that compose the Code of Conduct for companies (recipients and obligations must be precise and clear);

b) Obligation to make annual statements considering the environmental and social criteria;

c) Responsibility for voluntary certification obtained by ISO, for example.

3) Increase in environmental conventions devices on law and jurisdiction conflicts indicating the laws and courts that could best repair the damage. Some rules (PDMA):

a) conflict of laws:

1) in the case of compensation for environmental damage, the more favorable rule to the victim and to protection the environment should be applied,

2) if there are environmental insurance, the law on the rights of the insured should be applied,

3) in the case of environmental damage, the law of the headquarters can be applied if it has control over the activities of its branch.

b) conflict of jurisdictions:

1) The victims of environmental damage can choose the court that may decide for the best damage repair, for example, the proximity of the evidence;

2) If the headquarter has control over the activities of its branch, the jurisdiction of the headquarter has jurisdiction over the case;

3) An action against a multinational may be brought before the court of the domicile of the defendant. If the defendant is a corporation, the domicile of the defendant may be found in any of three places: a) where the company has been registered, b) the place where its central administration is located, c) the main place of activities society.

Specific Recommendations for International Law of Investments

1) The integration of clear environment protection provisions in international investment agreements: the future investment agreements or the renegotiation of existing agreements should include specific provisions on environment protection. These provisions can consider (Nitish Monebhurrun):

(i) The definition of an investment activity: The activities of those companies which are constituted in utter ignorance of domestic environmental laws should not be qualified as an investment and therefore should not benefit from the protection of the investment agreement. The international investment agreement provision on the definition of the investment must underscore this point. The agreement must state that the investor has a duty to check, examine and understand the legal framework on of the host State, especially the one applicable to the environment, and that he must start and conduct his activity accordingly.

(ii) The definition of the environment: Environment is not an abstraction and in the vein of the previous proposition, some details must be available to define or to identify what is to be understood by environment. It might be a complex task to give an exhaustive definition but it is not impossible to give a list of indicators. These indicators may vary from one State to another.

(iii) Affirming the right of States to regulate as per its environmental concerns: The investment agreements should specify that whenever it comes to environmental matters, States should be free to regulate the investor's activity. It should assert that environment is a component of the public interest42 and that the latter cannot be sacrificed at the benefit of private economic interests. However, a control of these interests can be injected by the means of a proportionality test. In any case, investment protection standards cannot prevail over environment protection norms.

(iv) The legitimate expectations of States: The agreement must furthermore affirm that States have a legitimate expectation that private companies investing on its territory will always act in good faith to collaborate with them whenever environmental goals are concerned. Private companies therefore have a duty to act accordingly and must not frustrate these expectations.

2) The integration of clear rules of conflict in international investment agreements: highlighting the prevalence of environment protection norms over investment protection norms (Nitish Monebhurrun):

(i) The principle: Whenever there is a potential conflict between the investor's or the investment's protection and the environment protection, the investment agreements must provide for clear rules of conflict. The investment agreement can state that whenever an investment protection provision is in conflict with an environmental norm, the latter shall prevail over the former. As environment protection is a unanimous objective which is considered as being fundamental, priority must be given to it.

3) Promoting the use of the systemic integration principle (Nitish Monebhurrun):

(i) The principle: By this means, agreements should provide that international investment law is not clinically isolated from the rest of international law and that the interpretation of an international investment treaty does not exclude references to other non-investment norms, like environmental norms. This is in direct line with article 31(1)(c) of the Vienna Convention on the Law of Treaties. Hence, environmental norms can be integrated in international investment dispute settlements. They can be invoked by States and will have to be considered by arbitral tribunals.

National Recommendations

1) Implement and publicize the system of National Contact Points in the OECD so that companies can be questioned about their actions in society.(PDMA).

2) Control the private activities through: 1) creation of accurate sustainability criteria which companies should present; 2) submission of mandatory criteria and 3) government oversight of the information published. These criteria may be based on the GRI (PDMA).

c) Liability of financial institutions

1) The public and private, national, foreign or international organizations, donors or sponsors of activities or projects of polluting or potentially polluting activities shall require the submission of all documents relating to the environmental licensing of the project financed by them, issued by agencies control officers, under penalty of becoming co-responsible for any effects arising from the violation of this Act or its regulations. (Bruna Acerbi)

2) Also has to pay attention to cost-benefit analysis of environmental, defining the object and identifying its impacts, defining them according to their relevance and measurement in physical units, valuing them in monetary terms. (Luiz Borges).
d)Access to information and public participation

International Recommendations

1) It is necessary to define the meaning of the right of access to information in both international and national levels. (PDMA).

2) Sign a Regional Convention in Latin America to be implemented in the region the access to information under control of an institution such as ECLAC network (TAI).

3) Ratify the Aarhus Convention.(PDMA).

National Recommendations
1) Deadlines for the publication of all documents related to environmental decisions. (PDMA).

2) Fines for noncompliance with the deadlines for publication. (PDMA).

3) Ratify the Aarhus Convention.(PDMA).

4) Sign a Regional Convention in Latin America to be implemented in the region the access to information under control of a regional institution. (PDMA).

5) Decree full detailed of terms that are usually very inaccurate on citizen participation, with some examples of articles (PDMA):

a) Public audiences may be conducted, for example, by sector, population or community, in order to not allow domination of the audience by people who have greater chance to express themselves (Colin Crawford).

b) Require that there are effective mechanisms for access by population and interested communities to all documents relevant to the public audience, as well as access to versions with comprehensible language of details of the proposed projects. (PDMA).

c) Provide training courses for community leaders and mediation techniques in order to qualify the ones who need the procedure of public audience (PDMA).

d) Require that public participation occurs from the beginning of the procedure or of the process to reach the community (PDMA).

2) Strengthening of sustainable public hiring in the MERCOSUL. (Teresa Villac).

National Recommendations

1) Insertion of sustainable hiring in the planning activities of public bodies. (TeresaVillac).

g) Water: The Creation of Protected Areas on the High Seas 1) In order to achieve sustainable development, the States should create marine protected areas. (Fernanda Borges).

2) Marine Protected Areas should be considered as strictly protected areas, essential for the preservation of biodiversity and the maintenance of essential ecological marine processes. (Fernanda Borges).

3) Any activity affecting or potentially affecting the ecological balance and biodiversity conservation in marine protected areas should be considered prohibited in respect of the right to an ecologically balanced environment for present and future generations. (Fernanda Borges)

4) Marine Protected Areas should ensure the protection of biodiversity and the quality of marine waters, to avoid acidification and death of organisms required for biotic and abiotic catchment of carbon from the atmosphere, responsible for mitigating global warming and Climate change (Fernanda Borges)

i) Taxation as a Means of Environmental Management International Recommendations

1) Establish a limit (cap) for each country of carbon emissions. The initial cap will be the result of the average carbon emissions over the past three to five years. A transition rule can be created (more lenient rule) for developing countries and LDCs (Least Developed Countries - as classified by the WTO) - so that these countries are not disadvantaged because of their low level of current development, and so they can develop despite the targets for carbon reduction (Tatiana Falcão Otaviano).

2) The carbon emitted in each country shall henceforth be taxed in order to encourage companies to use resources in developing new technologies for clean energy production. The tax rates should be the same in each country (we suggest the establishment of a maximum rate and minimum rate), so they are not created "carbon tax havens" (Tatiana Falcão Otaviano).

3) The establishment of maximum and minimum rates will also prevent the adoption of tariff adjustments on imports of products (Border Tax Adjustments "BTA") (Tatiana Falcão Otaviano).

4) Create-a treaty that establishes a origin for the carbon emitted as a result of international activities (Tatiana Falcão Otaviano).

5) Creation of a new international body endowed with police powers to monitor and eventually penalize those who do not comply to the limits imposed by the treaty (Tatiana Falcão Otaviano).

National Recommendations

1) Green tariff:

a) Establish a less onerous form for the final consumer, for fuel tax, so as to encourage the consumption of cleaner fuels (such as biodiesel and alcohol) in order to reduce the fuel of high carbon concentration consumption and therefore more pollutants such as diesel and coal burning (Tatiana Falcão Otaviano).

b) Establish a green contribution (purposing creation of a fund to combat Climate change and reduce the harmful effects of global warming) on fuel. The contribution would be progressive, more burdening the diesel fuel and less the biodiesel, for example. (Tatiana Falcão Otaviano).

c) The funds raised with the contribution should be used in development of green Brazilian technology for mounting of electric cars, development of new forms of biodiesel
(for example, it is possible to transform peel potatoes and other vegetables into fuel)
and even for the promotion of "green" initiatives such as increased efficiency in the
recycling project, replanting of forests (which are also internationally known as "carbon sinks" as
we consume and re-absorb carbon from the atmosphere), construction of bike lanes to encourage
bicycle use by local people, etc.. (Tatiana Falcão Otaviano).

j)The Non-Regression Principle in Environmental Law

International Recommendations

1) Integration of the principals of non-regression from the area of human rights into
environmental law. (Michel Prieur).

2) In order to preserve the sustainable development and ensure the necessary protection of the
environment, States may not take legislative, administrative or judicial measures importing an
unlawful reduction of their levels of protection granting by laws that protect the environment
except in public interest prevalent case. (Maria Morelli).

3) In the event that the States adopt a legislative, administrative or judicial measure which
reduces levels of environmental protection in force, shall justify the reasonableness and
proportionality of the measure. (Maria Morelli)

National Recommendations

1) The environmental objectives should be achieved in a gradual manner, through interim and
final targets, projected on the basis of a state planning that facilitates the implementation of
activities related to these goals (Maria Morelli)

2) Efforts to ensure environment protection and conservation can not decrease. In this case, it is
forbidden to adopt appropriate legislative, administrative or judicial measures that illegitimately
reduce levels of environmental protection legislation, except in public interest prevalent
case.(Maria Morelli)

4) Green Economy on Sustainable Development context: eradication of poverty

a) Regularization

1) The proposal of fixing of property rights in forested areas and biomes in order to prevent
illegal deforestation. (Fernando Meneguin).

2) The concession of rights to public lands to ensure better monitoring of national resources and
to facilitate land regularization. (Fernando Meneguin).

3) Imposing limits on land use; the concession of land rights, which are not absolute, but provide benefits to the title holder and to the state though terms and restrictions on the use of the land. (Fernando Meneguin).

a) The State must be proactive and coordinate the process of regional planning for public policies that are effective, because the lack of a policy for allocation of public goods may leave space for the occurrence of a chaotic land of the public areas, through land grabbing and deforestation - which often happens when there is no such policy.

b) Therefore, it is necessary to establish a regional planning policy to include: regulation; environmental licensing of rural properties; fulfill the social function of ownership; control, enforcement and economic instruments to stimulate the sustainable management of natural resources, specially the forest.

i) For example, the economic or tax incentives can stimulate private spending in certain areas, discourage bad behavior, and correct the market trends that can encourage actions against nature conservation and protection of natural resources.

5) The regularization to ensure control and define property rights, allowing the public power to know who is occupying land and how they are being used. (Jose Heder Benatti).

a) To overcome the current chaos, must first be defined perty areas - who is the owner of the land, public or private? If public, which federative entity?

b) The official recognition of the different existing forms of occupation should allow the state and society the control over the use of land and other natural resources. Therefore, the regularization will be positive and not negative, since it prioritizes the family occupation.

c) Another positive effect of land tenure policy is to combat illegal occupation of public lands.

6) There are several necessary steps to implement a land use: (José Heder Benatti).

d) to overcome the limited management capacity of agencies responsible for planning land, whether in its technical or staff.

e) understand that the consolidation of rural property, respecting the social and environmental assumptions, represents an important step towards the strengthening of citizenship and environmental protection.

7) The process of regularization of land occupation should: (José Heder Benatti)

f) be accompanied by descriptive memorandum plant and georeferenced. The financial costs for its preparation should be the responsibility of recipient of legitimacy, with exception of the processes of settlement of small estates.

g) include in the title-deeds issued by the national land, clauses requiring the beneficiary to maintain, conserve and, where appropriate, to restore the permanent preservation areas and legal reserves.

8) Other necessary and complementary actions to the regularization (Jose Heder Benatti).

h) scanning of the land collection;

i) modernization of access to registry information of rural land in order to increase the reliability of the processes of property records and ensure that information can be obtained quickly and the distance by public authorities relating to questions of land federal unit.

b)Environmental Education

International Recommendations

1) Make the investment in education a priority in developing countries and underdeveloped countries, since the lack of education contributes to unemployment, which reflects in crime and poverty. And also ensure that education serves as a tool for public awareness to the current problems in the world, such as politics, health and environmental preservation. The maldistribution of wealth is also a result of poor education. (Patricia Pellanda).

National Recommendations

1) Environmental Education, at all levels, is everyone's responsibility because it reflects the reduction of social inequalities, and in schools, should be adhered to the principle of transversality. (Maria Collares).
2) Public Power should be able to train teachers to teach environmental education at all levels of government and to monitor the effectiveness of the method adopted. (Maria Collares). 3) Information on Environmental Education requires transparency necessary for understanding of all because it contributes to the protection of natural resources, to promote population health and to collaborate with the eradication of poverty. (Maria Collares).

4) Environmental education propels sustainable development, due to it would be compulsory in schools, social, professional and public activities. (Maria Collares). 5) The inclusion of Environmental Law as a subject in graduation aims to form student as a professional to make effective environmental legislation in all work activities. (Maria Collares).

c)The fundamental right to land and food International Recommendations

1) Regarding the right to food is the focus of discussion on hunger eradication of people. This problem can not be based on instruments that aim at increasing food production in the world, but on appropriate means to combat social inequalities and unequal distribution of wealth. (Patricia Pellanda).

2) Promote the application of the Solidarity Economy in the countries, aware that the private donations and supportive attitudes may contribute to the results of the company itself (Patricia Pellanda).

National Recommendations

4) Value and respect the concept of land and territories granted to indigenous people and traditional communities as a collective right, transcending the idea of merely individual property (Patricia Pellanda).

5) Prevent the assimilation of indigenous lands to the family farm in the States domestic law, through the international commitment and recognition of specific features to indigenous people and their cultural practices. This measure will prevent even the rampant development of agribusiness lands and other explorations that have been occurring frequently on these populations (Patricia Pellanda).

3) The commitment of states to their respective populations in order to reduce / eliminate corruption policy and allocate funds to sectors that should be effectively benefited by punishing those who divert funds, individual enrichment and 'forget' their true function forward the government and social powers. (Patricia Pellanda).

4) The public awareness that many problems can be solved in the short term from the measures introduced and practiced by the population itself, independent of the Government and effective political action, since problems like world hunger and the current devastation environmental problems are all human problems in the world. If each citizen help only one needy person, the difference would be huge. (Patricia Pellanda).

5) In addition to food in sufficient quantity to meet basic human needs, should also be prioritized food (including water) quality, mainly food security internationally wanted. By quantitatively and qualitatively adequate food may also be displayed positive results in the health sector, with the reduction of diseases, especially those arising from the use and consumption of pesticides and new technologies such as transgenic (Patricia Pellanda).

d)Definition and Criteria for a Sustainable City

National Recommendations 1) Definition and promotion of sustainability indicators that can be used for the formulation of local environmental policies. Indicators that reconcile the protection and preservation of goods, services and environmental and cultural resources with the needs of economic and social development (PDMA).

e)The rights of indigenous people and of traditional communities

International Recommendations

1) Protocol to bring definitions, obligations and rights more accurate on (PDMA):

a) prior, free and informed consent in relation to any activity held in indigenous areas;

b) participation in project implementation;

c) protect and guarantee access to land, natural resources and the benefits derived there from;

d) recognition of traditional knowledge of indigenous peoples (how?), protection of people relocating to other areas (how?)

e) monitoring mechanism should be created at the international and national levels to ensure transparency and effectiveness of these rights in practice.

2) Indigenous people may be impacted from the consequences of global Climate change. It is necessary to ensure that such impacts are mitigated and that training and adaptation to Climate change are rights of these peoples (PDMA).

3) Indigenous people have a crucial role in the conservation of environmental resources and this role should be recognized for compensation for environmental services and distribution of benefits of REDD (Reducing Emissions from Deforestation and Degradation) (PDMA). National Recommendations

1) Greater access to information and participation of indigenous people in the implementation and development of projects that affect them directly or indirectly (PDMA).

4) Value and respect the concept of land and territories granted to indigenous people and traditional communities as a collective right, transcending the idea of merely individual property (Patricia Pellanda).

5) Prevent the assimilation of indigenous lands to the family farm in the States domestic law, through the international commitment and recognition of specific features to indigenous people and their cultural practices. This measure will prevent even the rampant development of agribusiness lands and other explorations that have been occurring frequently on these populations (Patricia Pellanda).

6)Define the meaning of traditional communities. (Colin Crawford).

NATIONAL AND INTERNATIONAL INSTITUTIONAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT.

2) Establishment, into national tribunals, of a right to action with the aim to punish the
International Conventions noncompliance. (Gérard Monédaire).

3) Creation of Regional Unions, provided with a distinct legal personality from the Member
States, that can sign Environmental Treaties, resulting in a better engagement of these States with
environmental issues. (Gérard Monédaire).

4) Need of a right to petition to the citizen or to the society, with what they can intervene in the
Legislative Assemblies or the Committee. (Gérard Monédaire).

5) Imposition of financial sanctions to noncompliance or incomplete compliance of the Tribunals
decisions or laws concerning environment. (Gérard Monédaire).

1) Preparation of a treaty on the repair of environmental transnational damage affecting direct
and individually citizens of other countries. (Larissa Clare Pochmann da Silva).

National Recommendations: procedural instruments

1) Disclosure of the values of a conviction for environmental damage to the environmental fund,
allowing the advertising of such values should be applied from convictions for environmental
degradation in repairing the environment (Larissa Pochmann Clare da Silva)

b) Analytical methods to measure the effectiveness of law enforcement

International Recommendations

1) The Secretariats of the Conventions require states to designate national institutions that are
National Points of Contact responsible for identifying the breach of environmental treaties that
have been ratified by the states. (PDMA).

2) The priority is not the creation of new laws and international treaties, but in political and
social commitment to the implementation and effectiveness of existing standards. (Patricia
Pellanda).

National Recommendations

1) Goals for improving environmental quality (eg, goals to ban the use of pesticides that harm
human health and the environment, already banned in Europe). (Solange Teles).

1) Creation of a new international council within the United Nations to discuss sustainable development. This new body would incorporate the UNEP and the committee inside the ECOSOC responsible for sustainable development. (PDMA).

2) Creation of a committee inside this new body that would represent international NGO?s, previously chosen by of group of experts, that are know by their efforts in the subject. (PDMA).

3) Focus on UNEP.

4) The transformation of the UN Economic and Social Council to the Economic, Social, and Environmental Council (PDMA).

5) Reform of the Commission on Sustainable Development in the General Assembly (PDMA).

b) New Necessary Institutions: The World Environmental Court

International Recommendations

Considering the International Court of Justice (ICJ) importance in the international community, we propose reform of the ICJ or the foundation of a World Environment Court, based on the following proposals (Rafael Prado):

1) Flexibility of ICJ Environmental Chamber, and encouragement of the use of principle of participation and access of stakeholders to justice (not just government but also civil society). The principle of participation, a fundamental one in International Environmental Law, was recognized by the ICJ Judgment in the same case of the Pulp Mills on the River Uruguay. (Rafael Prado).

2) Manifestation of ICJ on its wide competence in environmental matters involving Member States, and no modifying necessity in its Statute entered in the UN Charter, which allows the materialization of the principle of participation and access to information and to justice in the case of environmental issues that directly affect national populations of litigants countries. (Rafael Prado).

c) New Necessary Institutions: World Environmental Organization

International Recommendations

1) Environmental conventions Secretariats, as technical instances of conventions, would be specialized organs in the new International Organization. (Sandro Schmitz dos Santos).

2) One of the body structure proposed is a Settlement Body in the model used by the WTO with activities of mediation and arbitration of violations of International Environmental Law performing functions similar to the Inter-American Commission on Human Rights (IACHR).
(Sandro Schmitz dos Santos).

3) Three would be the sources of the new organization: the quota-share of the participant countries, the resources of the major environmental damage penalties, and fees on their roles certification of carbon credits and environmental economics in general. (Sandro Schmitz dos Santos).

Participants of the International Symposium towards the UN Conference on En-vironment, Rio - 2012 Workshop and MPF Rio + 20, which featured the partici-pation of lecturers Antonio Herman V. Benjamin, Minister of the Superior Court of Justice and Professor of Environmental Law and Comparative Law and Bio-diversity at the University of Texas / USA, Gérard Monédiaire - Professor at the University of Limoges / France, Director of the Center for Interdisciplinary Re-search on environmental law, planning and urbanism (CRIDEAU), Jessica Ma-kowiak, master of conferences at the University of Limoges, Frederic Bouin, master of conferences at the University of Perpignan, Michel Prieur, Professor Emeritus at the University of Limoges (2004) ? France and the gold medal of environmental law of the University of Brussels and Paulo Affonso Leme Machado, lawyer, professor of environmental law at the Methodist University of Piracicaba (UNIMEP); of the debaters Alvaro Luiz Valery Mirra, Judge - TJ / SP, Solange Teles da Silva, lawyer and Professor of Environmental Law at the Mackenzie University / SP, Colin Crawford, professor of environmental law in the Law School at Tulane University, New Orleans / USA; Ricardo Stanziola Vieira, lawyer and coordinator of projects on human rights and public policies at the IEDC - Institute of Studies on Law and Citizenship, Consuelo Moromizato Yoshida, federal judge, TRF/ 3rd Region, and Sandra Cureau ? Sub General Republic Prosecutor and Vice Electoral General Prosecutor, the panels being chaired by José Leonidas Bellem de Lima, the Regional Republic Prosecutor /PRR-3 ª R, Regina Helena Furtado Strong, Promoter of Justice, MP / SP and Nicolao Dino Neto, Regional Republic prosecutor/PRR-1rst region, General Director of the Union Public Prosecution School, held on 27 and 28 June 2011, at the headquarters of the Regional Republic Prosecutor of the 3rd Region, São Paulo, after discussing the themes of the International Symposium towards Rio + 20 in workshops, expose and, ultimately, conclude the folowing:

I) Regarding environmental displaced people:

Considering that according to the report "Climate change and Forced Migration Scenarios," prepared by the Institute for Sustainable Development for the European Commission, and presented during the conference of Poznan (Poland, 1rst to 12th, december, 2008), the number environmental displaced people exceeded 25 million, and is expected to have achieved 50 million people last year (2010);
Considering that the ?United Nations Office for the Coordination of Hu-manitarian Affairs (OCHA) in partnership with Internal Displacement Monitoring Centre (IDMC) conducted a study on the relationship between people dis-placement and Climate change. In this research it became clear that in 2008 approximately 36 million people were displaced as a result of natural disasters, including: earthquakes, floods and rains. About 28 million people have com-pletely lost their homes, and nearly 8 million had to be evacuated from their homes because they were temporarily uninhabitable. The most affected region by these disasters was Asia. (OCHA / IDMC, 2009) In the same year, for com-parison, the number of internally displaced due to conflicts accounted for 26 million people. (UNHCR, 2009)."

Considering that soon the number of environmental displaced people can exceed the number of refugees as established by the Geneva Convention (1951), recorded at the United Nations High Commissioner for Refugees (UNHCR), following predictions of the United Nations Institute for Environment and Human Security;

Considering that "The Global Humanitarian Forum (GFH) recently did a survey showing the impact of Climate change on human society, exploring is-sues of that impact on food, health, poverty, security and human displacement.

Regarding this last item, the study acknowledges that it is difficult to prove that a heavy rain or a cyclone arises from the effects of Climate change. However, the conclusion shows that 40% of weather-related disasters come from the Climate change effect, taking in account the increase of this kind of event in the last thirty years. As a result, the research argues that it should be used the concept of displaced people due to climate reasons, which has grown to 26 million people and will triple by 2020.?

Considering that, in a prediction exercise, Conisbee and Simms (2003) report that, until 2050, in case of continuing the present level of ecological de-gradation, about 150 million people will move due to global warming. Inter-national reports of the Intergovernmental Panel on Climate change (2008) and the International Federation of Red Cross and Red Crescent Societies (2004) also point to the growing number of people affected by extreme environmental events such as hurricanes, floods and landslides. The rise in the average sea level will affect even urban areas such as Alexandria, Manila, Shanghai and Jakarta, with estimative of the Intergovernmental Panel on Climate change (IPCC), predicting that the number of displaced people will reach 190 million by 2050, population close to the Brazilian territory;

Considering that even countries like Brazil, where climatic conditions historically have produced favorable conditions, keeping it free of major disas-ters, there are problems with the environmental "displaced" or "plagued" people (as in the case of northeastern drought, forcing the secular people displacement towards large urban centers, especially the city of São Paulo), stated that in the case of torrential rains with flooding and landslides, as the recent drastic hydro-logical events in the states of Santa Catarina, Rio de Janeiro, Alagoas, Per-nambuco and Vale do Paraiba (Sao Paulo State), there were many dead and displaced people;
Considering that "The Stockholm Conference of 1972, already provides for the recognition of early and differentiated responsibilities of States. And the Rio Declaration on Environment and Development, in the Principle 13 also pro-vides for State responsibility for environmental damage and cooperation of those States to the development of international environmental law rules relat-ing to liability and compensation."

Considering that the environmental displaced people, to be covered by the Legal Global Statute are those "forced", that is, those to which there is no alternative but to leave their "habitat", not to be confused with voluntary move-ment, of free choice of individuals and affected groups.

Considering that the concept of forced displacement also includes the displacement of livelihoods, especially in cases of tribal and traditional popula-tions, situations in wich displaced people choose to stay in the degraded envi-ronment also deserve protection;
Considering that the forced displacement caused by development projects are linked to economic activities, in most cases predominantly private interest, and that the principle of solidarity implies the costs transfer of econom-ic activities for the whole society, there should be the accountability of the en-trepreneur, based on the polluter pays principle.

Participants of the International Symposium towards the UN Conference on Environment, Rio - 2012 Workshop and MPF Rio + 20, convinced of the ur-gency of taking appropriate measures for effective protection of the environ-mental displaced people, conclude:
1.Aimed at ensuring human dignity and effectiveness of the Universal Declaration of Human Rights to deterritorialized people or groups, often victims of economic marginalization, should be approved the "Draft Statute of the Inter-national Convention on Environmental Displaced People" as independent and biding standard, rather than as an addendum or supplement to the 1951 Gene-va Convention, 1967 New York Protocol on the Status of Refugees and the United Nations Convention for Climate change, in order to avoid creating situa-tions of discrimination and inequalities in relation to other refugees. This con-vention shall be prepared as part of an international conference, with the partic-ipation of various international organizations and with invitation to all countries.
2. It is necessary to create a Global Legal Statute, with international and domestic norms, with the objective of protection of the environmental displaced people, as well as providing preventive principles to combat its alarming growth. There should also be provided chances of repatriation to the country of origin or resettlement and transfer of environmental displaced people to a third country, as well as integration with the population to which they were displaced, either the stay may be temporary or permanent. The details of that legal statute will occur at the regional level, such as the Convention of Kampala, October 2009, for the Protection and Assistance of Internally Displaced Persons in the African Union, due to natural or human-made disasters, recognized in the United Na-tions Guiding Principles on People Internal Displacement.

3.In principle, the Global Legal Statute should cover the obligation of the signatory States, on behalf of solidarity laid down in ECO -92 Principle 13, to provide full legal and material support to victims of extreme environmental events consequences, according to the category of displacement (temporarily, due to changes in the "habitat" or search for better living conditions), taking into account the origin, speed and degree of the displacement cause - events, as well as the real mobility needs, distances and degree of organization of origin country of those displaced people and affected group itself.

4.In case of livelihoods displacement, States shall take all measures aim-ing at the recovery of degraded environments, ensuring the restoration of live-lihoods and full compensation for losses incurred by the displaced people;

5. Such Convention should provide protection for persons affected by events such as earthquakes, tsunamis, droughts (difficulties in food production and access to water), erosion, landslides, storms (tornadoes, hurricanes, ty-phoons), floods, desertification, destruction of biodiversity, epidemics, disap-pearance of rivers and lakes, the appearance of hydroelectric dams or similar ones, water pollution, industrial accidents, nuclear accidents, mining activities,
changes in sea level, temperature increases, natural causes, with or without evidence of anthropogenic interference and geological risks. Besides these causes, others may be included with the prior hearsay of the International Pro-gram on Human Dimensions of Global Environmental Change (IHDP) or specif-ic international body to be created, always open to interdisciplinary scientific contributions of civil society organizations or other public or private militants in the area.

6.The forced displaced people due to development projects linked to economic activities imply cost responsibility to the developer, based on the pol-luter pays principle. II) Regarding the right to landscape:

Considering that the landscape is an ?autonomous legal good?, with aesthetic value or not, placed in the unitary conception of the environment, ob-ject of an integrated management, in view of its cultural, natural and social as-pects;

Considering the cooperation between UNESCO Conventions in the field of culture and the Convention on Biological Diversity (1992), which resulted in the recent Declaration on Biocultural Diversity (Montreal, June 2010);

Considering that the landscape is a major factor in cultural identity for-mation and consolidation, as well as shared by all human beings, involving cur-rent and future generations;

Considering that everyone has the right to the landscape and share re-sponsibility for its protection, with social interconnectivity, and between territo-ries and regions, justifying its collective protection and cross-border and region-al protective approaches, and cooperation among nations in an intergovern-mental and intersectoral collaboration;

Considering that the quality of life also depends on the landscape and that the physical, social and cultural conditions influence the welfare of the people; Participants of the International Symposium towards the UN Conference on Environment, Rio ? 2012 and MPF Rio + 20 workshop, convinced of the ur-gency of taking appropriate measures for effective protection of the landscape heritage, conclude:

1.That civil society, international organizations and States should be en-gaged in the structuring of a World Landscape Convention;
2. To be taken in account the landscape features such as: dynamic, not static and complex, multidisciplinary, sensitive, spiritual, heterogeneous, integra-tive and public interest, demanding to preserve its diversity;

3.That the concern about the ambience requires planning and new legal instruments to preserve the landscape.

4.That should be found solutions and mechanisms that safeguard the in-formation and participation of civil society and communities directly involved in protecting the landscape, through consultations, public hearings, prior advertis-
ing of projects, studies and decisions, and foster global environmental gover-nance;

5. For the necessary enhancement of environmental education in tourism related to the landscape protection;

6.That countries should be urged to sign and ratify UN and UNESCO in-ternational conventions and declarations, considering their instruments of land-scape protection, incorporating such protection systems into their systems;

7.That it should be created within UNESCO and UN context, in relation to their respective conventions, oversight committees regarding compliance with the commitments made about landscape protection;

8. To be highlighted and promoted the urgent need for international co-operation for the sustainable use of spaces and territories, given the frequent threats to the global landscape.

9.To be created financial and non-financial instruments, for landscape improvement also in the urban environment, in order to prevent or mitigate pol-lution in the city, aiming at integrating the built spaces with natural environ-ments. III) Regarding the effectiveness of environmental law:

Considering that since the 1972 Stockholm Declaration, the international community recognizes that "the protection and improvement of the human envi-ronment is a fundamental issue that affects the welfare of people and economic development around the world, an urgent desire of the worldwide people and a duty of all governments ";

Considering that the 1992 Rio Declaration Principle 11 says that "States should enact effective laws for the protection of the environment";

Considering that Agenda 21 provides the basis for actions, objectives, activities and means of implementation for strategies and measures to halt and reverse the effects of environmental degradation in the context of intensifying national and international efforts to promote environmentally healthy and sus-tainable development in all countries;

Considering that the 2002 Johannesburg Declaration and Plan of Action highlights the need of international community's commitment to act and take concrete measures at all levels for effective environmental protection;

Considering that several national legal systems have constitutions, like the 1988 Brazilian Constitution, which expressly provide a right to an ecological-ly balanced environment, including the stipulation of obligations and instruments to guarantee this fundamental right, besides the infra constitutional normative texts that supplements the legal environmental protection;

Considering that despite the existence of the international and national normative framework in a significant number of States, "the global environment continues to suffer, biodiversity loss continues, fish stocks continue to be dep-leted, desertification claims more and more fertile soils, the adverse effects of Climate change are already evident, natural disasters are more frequent and devastating, developing countries are the most vulnerable, and the air, water
and the sea pollution keep millions of people away from a decent life". This sce-nario has been only worse since the 2002 -Johannesburg Declaration;

Considering the Chart of Limoges II, providing subsidies for the 2002 -Johannesburg Summit, contains several instruments ensuring the effectiveness of environmental legal protection, and that their proposals were not fully adopted in international legal texts;

Participants of the International Symposium towards the UN Conference on Environment, Rio ? 2012 and MPF Rio + 20 workshop, convinced of the ur-gency in accomplishing the environment protection instruments, conclude for the adoption of the following measures:
1. Ratification of all propositions contained in the Chart of Limoges II;

2. Promotion of campaigns within the United Nations system to pro-mote and encourage, even financially if necessary, the membership of the larg-est possible number of countries to the Conventions on environmental protec-tion, especially to their Additional Protocols, with the articulation with non-governmental organizations in order to clarify to citizens the importance of the commitment of their States representatives for international standardization of environmental protection;

3. Express provision about the necessary considering of the envi-ronmental issue in internal regulations and in international forums resolutions on trade, agriculture, human rights, energy exploration, military agreements and all other matters object of the international community deliberation;

4. Deliberation of the United Nations system in the sense that the States hosting international sport events as World Cups, meetings of various sports and Olympics, should observe existing environmental standards in carry-ing out the necessary works and economic activities related to these events;

5. Resolution of the United Nations system to bind conditions for the international and national financial institutions funding, to the commitment of application the resources in compliance with international and national environ-mental standards, and evaluation of environmental impacts in the case of spe-cific works, emphasizing the public character of all information on environmental mater involved in these financing processes;

6. Affirmation of the principle of Non Retrogression in environmental protection, whether at international or national sphere, in occasion of the legisla-tive procedural or material amendments, or organizational changes, considering that by the time of application of environmental standards it should always be privileged the highest protection level of the healthy environment;

7. The statement of administrative and financial independence of the environmental agencies, with mechanisms able to support the declaration of incompatibilities and impediments of any nature of its officers and servants;

8. Recognition of the express admissibility of the broad legitimacy to environmental protection postulation, including citizens (individually or collec-tively represented), the local regional and international forums, and ensuring that legitimate access to justice in environmental matters is free;

9. The inclusion of disciplines on environmental, technical and legal ones, in formation and training schools of legal professions and public servants in general that can act on the environment issue;

10. Combination of greater efforts into the environmental education promotion at all teaching levels, as well as courses in applied social sciences, so that environmental law should be a compulsory course in the legal area, with the ongoing training of teachers;
11. Establishment of juridical bodies specialized in environmental and socio-environmental conflict resolution, members or not of the existing judiciary framework, but having, necessarily, the appropriate technical support;

12. The implementation of economic instruments for environmental public management already included in the National Environmental Policy of Brazil (forest concession, environmental insurance) and others such as the generation desertification combat credits, the creation of positive environmental balance systems, based on a universal environmental metric;

13. The implementation by national governments of environmental mapping for contexts likely to suffer environmental impacts in all its areas, in a way to provide citizens, with previous environmental information within the envi-ronmental impacts evaluation processes;

14. The incorporation of economic compensation mechanisms at the international level under the principle of common but differentiated responsibili-ties in the forest conservation and reforestation processes, as well as the estab-lishment of mechanisms for these environmental resources distribution in the domestic plan, in order to encourage sustainable development practices;

15. The statement at the international level, of a principle which re-cognises that the legal liability of multinational corporations that exploit envi-ronmental resources is the most protective of the environment, whether based in the corporation headquarters host country, whether based in the environmen-tal exploitation country;

16. The effective protection of environmental leaders in all countries, especially in remote areas, due to the upsurge of political persecution and at-tacks on the lives of those who engage in the struggle of environmental protec-tion in various quarters of the world, as it is succeeding in the Northern region of Brazil;

17. Assurance of information, participation and transparency of envi-ronmental data to allow an effective participatory management of environmental resources as well as giving rise to the corruption combat in environmental mat-ters;

18. Affirmation of the principle of the prevalence of most protective environmental criteria in all spheres - international, regional, national and local ones;

19. The improvement of assistance measures to States that have diffi-culty in complying with international environmental goals, whether by structural deficiencies whether by conjectural limitations such the occurrence of disasters;

20. Recognition of the need to emphasize the adoption of preventive measures, including the implementation of environmental management tools, such as management plans, previous studies of environmental impact, envi-ronmental zoning, without neglecting the need to mitigate the use of the materi-al fact theory in environment matter, both in the adoption of administrative poli-cies as in judicial decisions, since the continuity of environmental degradation also deserves to be fought.

IV) Regarding environmental governance:

Participants of the International Symposium towards the UN Conference
on Environment, Rio ± 2012 and MPF Rio + 20 workshop, convinced of the ur-
gency in accomplishing the environmental protective standards, conclude for
the adoption of the following measures:

1. Transform the United Nations Economic and Social Council into Eco-
nomic, Social and Environmental Council. This change is essential, even for
countries that are not currently members of this Council. This is because it is
essential that the UN structure include a permanent commitment to environ-
mental governance.

2. Encourage States to take part of the Aarhus Convention. It is essential
to pay attention to the geographical and economic peculiarities of the States
concerned, which may state exceptions and adjustments according to their real-
ity. It is suggested that the mobilization for adoption of this convention happens
at the regional level through organizations such as ECLAC.

3. Make effective at the State level the 26 February 2010 UNEP directive.
It is worth emphasizing again that any application of this policy, even as 'soft
law', must take into account local peculiarities.

4. Encourage international organizations to adopt NGOs conduct code.
The conduct code established under the Barcelona Convention of 1976 through
the 2009 decision, should be taken as a reference.

5. Approve the Almaty statement in every international organizations. It is
extremely important to create mechanisms that enable that the rights to infor-
mation and participation of NGOs in the international arena be guaranteed, in-
cluding the possibility of administrative appeals. It is suggested to create an in-
dependent board, under this and / or other conventions, for the prosecution of
remedies for alleged denial of access to information and / or participation.

6. Generalize the "amicus curiae" institute in all international jurisdictions
as well as in administrative bodies. The intervention of the "amicus curiae" must
be given since the beginning of the process with proof of interest and legitimacy,
according to its institutional objectives.

7. Invite the Conference of the Parties to establish a controlling board in
all conventions. The assembled group agreed with this suggestion. Furthermo-
re, this is the essence of the idea already expressed in the second paragraph of
Item 5 above.

8. Give NGOs the right of having access to all existing controlling com-
mittees. Also, the assembled group supports this idea. The suggestion is that
there ought be well-defined and widely disseminated access mechanisms.

V) Regarding the right to information, and environment:

Considering that the Convention on Access to Information, Public Partic-
ipation in Decision-Making Process and Access to Justice in Environmental
Matters (known as "Aarhus Convention" of 25 June 1998) aims at guaranteeing
certain rights, imposes Member States and public authorities obligations regard-
ing access to information, public participation and access to justice in environ-
mental matters.

Considering that the improvement of access to information and broader
participation in decision-making processes, as well as access to justice are es-
sential and indispensable tools to strengthen and make more effective environ-
mental protection policies and the consolidation of the democratic State of Law
itself.

Considering that ratification, acceptance, approval or accession to the
Aarhus Convention implies of recognition by Member States of the importance
of its objectives and a commitment to adopt the necessary measures to accede
to the Convention, adopting binding instruments to align the countries domestic
legislation to the requirements of the Convention.

Considering and remembering the Stockholm Declaration on the Human
Environment Principle 1, and also Rio Declaration on Environment and Devel-
opment Principle 10;

Participants of the International Symposium towards the UN Conference
on Environment, Rio ± 2012 and MPF Rio + 20 workshop, convinced of the ur-
gency in accomplishing the environmental protective standards, conclude for
the adoption of the following measures:

1. That the Aarhus Convention should be ratified by the largest poss-
ible number of Member States, including Brazil, which should be encouraged to
that;

2. That the public right to environmental information be effectively
recognized and guaranteed;

3. To be adopted concrete and immediate measures taken by States
seeking to assure everyone, without distinction and regardless demonstration of
particular interest, free access to environmental information, eliminating legal
and administrative constraints which would avoid the achievement of environ-
mental information;

4. That the environmental information should be provided in a truth-
ful, timely and complete way for all. Confidentiality and secrecy are limits to the
information and constitute exceptions to the principle of publicity, and should be
expressed and properly grounded when invoked. However, it cannot be argued
to contradict the social interest, harm to human health and the environment.

5. That environmental information should be collected, organized,
updated, made available and disseminated in the most efficient, comprehensive
and accessible way, using all available means of communication, current and
future, media, electronics and others. In case of complex technical content is-
sues, they should be transmitted in clear and understandable way to every one;

6. Effective measures should be taken in order to inform the public of
the participation procedures, creating mechanisms that allow free access to
them and to their use; there also must be ensured, to the public, including or-
ganizations, the access to judicial effective mechanisms in a way to protect their
legitimate interests and ensure enforcement of the law.

7. That environmental education should be encouraged and pro-
moted, encouraging the widespread public awareness and participation in deci-
sions affecting the environment.

8. That instrument should be created and enhanced in order to en-
sure transparency, participation and social control in the design of public poli-
cies in the process of decision-making and policy implementation. In case of
non-observance, should be considered invalid administrative acts performed.

9. That there should be an improvement and effectiveness of civil
liability, criminal and administrative cases of omission, refusal, withdrawal or
any form of undue restriction of information access, participation and exercise of
social control.

10. That juridical and political means should be encouraged, to ensure
the direct popular participation, as the plebiscite, the referendum and the popu-
lar initiative, putting in practice and extending such participation forms and its
scope.

11. That a new communications regulatory framework should be
sought, aiming at ensuring the full dissemination of information, a prerequisite
for the exercise of citizenship in the ecological and democratic State.

Attached to this Propositions Chart, follows the poster, the event schedule and
the list of participants.

The international meeting of jurists and environmental law associations, having met in
Limoges (France) from 29 September to 1 October 2011, and with a view to contributing
to the advancement of environmental law,

1. Noting that all current international environmental conventions, whether universal or
regional, provide that an objective of States is the continuous improvement of the
environment along with social progress and combatting poverty,

2. Observing therefore that an international consensus exists on the need for legal
measures to attain a higher level of environmental protection and improvement in
environmental quality, including progressive reduction of pollution affecting health
and greater preservation of biodiversity which is essential for harmony between
humans and nature,

3. Affirming that legal measures preventing regression of environmental protection are
an essential component of the commitment to continuous improvement of
environmental protection,

4. Considering that sound environmental policy is a reflection of societal progress,

5. Taking into account that a healthy environment is henceforth recognized as a human
right at the international level as well as in the majority of national Constitutions,

6. Acknowledging that the United Nations Human Rights Agreements of 1966 aim for
the continual advancement of protected rights and are interpreted as prohibiting
regression of fundamental rights,

7. Underscoring that the right to a healthy environment is an essential element of
sustainable development,

8. Considering that human society has a collective responsibility not to harm the rights
of future generations to life, health and a sound environment and to pass on the
environment in the best possible condition,

9. Mindful of the multiple threats that weigh on environmental policies and that, either
explicitly or by stealth, may lead to reduced protection of biodiversity and increased
risks of pollution and ecological distress,

10. Convinced of the need for measures that prevent all backsliding or regression of the
level of environmental protection attained by each State according to its development
status,

11. Considering that non-regression may be based on an express provision in the
Constitution or laws of a State, as well as on judicial jurisprudence founded on the
principle underlying the human right to a healthy environment, which necessarily calls
for the prohibition of all measures having the effect of reducing biodiversity or
increasing pollution levels,

12. Taking note of the European Parliament resolution of 29 September 2011 on
developing a common EU position ahead of the United Nations Conference on
Sustainable Development (Rio+20) which in the paragraph 97 calls for the recognition
of the principle of non-regression in the context of environmental protection as well as
fundamental rights;

HEREBY solemnly asks the Heads of State and of Government who will assemble in Rio
de Janeiro in June 2012 for the 20th anniversary of the Rio Declaration to proclaim
officially in the final declaration, as a new principle of environmental law complementing
the principles already proclaimed in Rio in 1992, that :

« To prevent any weakening of environmental protection, States shall, in the common
interest of humanity, recognize and adopt the principle of non-regression. To this end, States
shall take the steps necessary to guarantee that no measure may diminish the existing level of
environmental protection. »

Considering the right to life and to a clean and balanced environment for all,

Considering that environmental justice allows for priority protection of vulnerable populations,
communities and individuals who are exposed to environmental risks or subjected to an
unfavourable ecological situation,

Considering the principle of non-discrimination,

Considering the general interest of humanity to live in a clean environment and in peace,

Considering intergenerational equity and the rights of future generations,

Considering that the imperatives of social justice and environmental equity are part of the rules
recognized by the international community based on mutual respect of States, peoples and
individuals participating in community life,

Considering the objectives of sustainable development,

Considering the responsibility of States to protect populations and individuals without
discrimination,

Considering the responsibility of the international community to assure respect of equity in
international relations,

Considering the need to ensure international security by avoiding environmental imbalance and
instability,

Considering the principles of the sovereignty, independence and territorial integrity of States,

Considering peoples? right to environmental independence to improve environmental protection,

Considering the authority of each States over its territory and its right not to be subjected to hram
caused by activities outside of its jurisdiction,

Considering that each State is primarily responsible for its own sustainable development,
The world meeting of enviornmental lawyers at Limoges recommends the adoption of a
declaration of principles as follows :

1) Environmental justice is the expression of humanity?s general interest and duty of respect
with regard to nature ;

2) States commit to developing modes of production and consumption compatible with
respect for the general interest of humanity and protection of the rights of future
generations ;

3) States shall refrain from directly or indirectly promoting through their trade policies all
forms of overexploitation of natural resources on their territory or the territory of another
State ;

4) States recognize a principle of international solidarity in confronting ecological disasters
and commit to provide material and financial support to those who are affected by such
catastrophes ;

5) States commit to taking responsibility for their contribution to the global « ecological
debt » by applying the polluter-payer principle and the principle of common but
differentiated responsibility ;

6) States shall ensure control on all territory under their jurisdiction of all economic and/or
commercial practices that may threaten environmental justice on their territory or the
territory of another States. They shall put in place significant sanctions for enterprises
that contravene the principle of environmental justice through their practices or activities.
In case of environmental harm, they commit to using and applying the laws of the State in
which the harmful act occurred.

7) Principles of environmental justice guide the acts of international cooperation in all areas.
States accord these principles the highest legal value ;

a. The right to a clean and balanced environment. Every person has a right to the
preservation of conditions necessary for subsistence and conditions for life that
respect the environment, regardless of economic, social, cultural, political or
ethnic status, or nationality, age, gender, or place of permanent or temporary
residence. Not physical or legal person or entity may subject another person to
environmental risks through their actions or inactions and/or their ignorance of
national or international law.

b. Equality regarding environmental security based on respect for international
obligations, including prevention of environmental risks and the struggle against
all forms of transboundary ecological pressure and aggression.

c. The right to environmental education for all, under conditions suited to social,
economic and cultural conditions and taking into account existing environmental
risks.

d. Access for all in equivalent conditions to remedies from domestic and/or
international courts to protect the right to everyone to a balanced environment,
favourable to human health.

e. Solidarity of States and peoples in terms of access to vital ressources.

f. Prohibition of any activity likely to damage ecosystems and thus the control of its
territory by the State.

g. Precaution and prevention especially for any human activity that may affect the
equitable distribution of benefits of sustainable development.

h. The principle of non-regresion in environmental Law.

i. The obligation of States to prevent and remedy environmental damages in
accordance with their responsibility.

j. International cooperation "enlightened" in the field of environment based on
exchange of information, capacity building action and management of
environmental risks.

k. Mechanisms of international environmental governance to promote enlightened
participation for all members of international society.

10) Instruments of environmental justice must be used in national policies to promote
preservation and long-term protection of the right to a healthy environment for all.
Population groups most vulnerable socially and economically should be given special
attention. Women's rights of access and management of vital resources, and participation
in environmental decisions should be primarily supported.

11) States undertake to use all legal instruments, human, material and financial resources to
ensure implementation of environmental justice, including the following measures:

a. Taxation;

b. Environmental impact assessment;

c. Monitoring and expertise in environmental regulation;

d. Procedural rights: the right to information, participation, access to justice to
contest any action or decision that would threaten environmental justice;

ECOLOGICAL DISASTERS AND HUMAN RIGHTS: CONSTRUCTING RESILIENCE
BY AN ENVIRONMENTAL AND ETHICAL APPROACH

The International meeting of lawyers and environmental law associations, having met in Limoges
(France) from 29 September to 1 October 2011, and considering that:

- Ecological disasters, with a natural or technological origin, are characterized by their
collective dimension, by the incapacity of victims to rehabilitate without external
assistance and by complex causes, as a result of different interrelated factors, in particular
environmental and socio-economic vulnerability, which affect the ability to prevent, to
react and to rehabilitate.

- A legal framework on ecological disasters should adopt a broader approach which
considers all the aspects of the disaster cycle (prevention, assistance and reconstruction)
and opts for a strategy of disaster management based on the promotion of sustainable
development, the reduction of environmental and socio-economic vulnerabilities and the
protection of human rights, which framework would replace a restrictive view of
humanitarian assistance and rehabilitation.

- The complex and diffuse causes that are behind disasters and the growing intensity of
their risks and their effects, like environmental pollution, poverty, socio-economic
vulnerabilities, obstacles to sustainable development and human rights violations, gives
rise to a need for a legal and institutional framework on disasters with an ethical and
environmental approach, focusing on the promotion and protection of human rights and
the environment in the context of measures for the prevention of such disasters as well as
emergency measures and in reconstruction activities.

- The increase in disaster risks and in population movements due to Climate change and
ecosystems modification have consequences for human rights and requires the
incorporation of disaster risk reduction measures and the protection of human rights into
strategies for adaptation to Climate change.

- There is a lack of regulation on this matter and most of the documents and legal
international instruments on disasters are not binding and do not address the ethical
approach to disaster management. Although the subject may have already been
extensively explored in relation to prevention, preparedness and recovery, the protection
of individuals and their human rights, the situation of displaced persons, the
responsibilities of international, regional and national organizations needs to be developed
and initiatives adopting the ethical and the environmental approach are required to cope
with all aspects of ecological disasters.

- The existing documents dealing with the protection of persons and their rights in disasters
are not binding and prioritize natural disasters and apply, for the most part, exclusively
during and after disasters.
Present the following recommendations:

- The relationship between the protection of human rights and disaster management must be
addressed in a legal framework capable of integrating Environmental Law, International
Human Rights Law, Humanitarian Law and specific norms applied to disasters, taking
account of the different factors behind disaster risks, which affect resilience to them.

- The rights affected by disasters must be protected in a full and indivisible way, having
regard to civil and political rights and economic, social and cultural rights. Economic,
social and cultural rights have an important role in disaster prevention and reconstruction,
having regard to their contribution in reinforcing resilience against risk and catastrophic
consequences.

- The adoption of an internationally binding text that defines the human rights to be
protected and promoted in disaster prevention, response and reconstruction
measures and dealing with actual and potential victims and rescue workers, with the
aims of strengthening disaster resilience and reducing vulnerability.

- This binding text should adopt an integrated approach to disaster management dealing
with both natural and technological disasters, and dealing with the whole disaster cycle
with an emphasis on preventive measures. It must consider the complex and diffuse
causes behind disasters and which [contribute] to their effects, such as environmental
pollution, poverty, socio-economic vulnerability, obstacles to sustainable development
and breaches of human rights, which gives rise to a need for an ethical and environmental
approach to a legal framework for disasters. The binding text must be based on five
central themes:

1. Sustainable development as the paradigm to construct and reinforce
resilience in order to reduce and manage the risks and effects of disasters;

2. Regarding socio-economic and environmental vulnerabilities as key factors
in exposing people to disaster risks, especially poverty, which gives rise to a
need to reduce vulnerability and the eradication of poverty, as measures to
manage disaster in an ethical and environmental way;

3. The impact of disasters on the enjoyment of human rights and the importance
of strengthening their protection as a measure to reduce vulnerabilities, to
promote sustainable development and, in this way, to strengthen resilience;

4. The contribution of disaster risks and impacts on the increase of displaced
persons and migration and the vulnerability of the displaced persons;

5. The protection of the environment as a necessary measure to reduce the risks
of disasters and to reinforce resilience and having regard to ecological services
provided by ecosystems and the effects of environmental pollution on
increasing disaster risks and their impacts.

- Considering the relationship between the quality of the environment, the level of exposure
to disaster risks and communities? ability to cope with disasters, a right to a healthy
environment should be recognized. The environmental services provided by ecosystems
must also be recognized and valued as a means of reducing and preventing disaster risk
and preserving natural resources as important means to reconstruction. Measures should
be taken to safeguard and rehabilitate the environment as soon as possible after the
occurrence of disasters.

- A right to preventive measures and disaster preparedness must be recognized, as to
include education, training and awareness of disaster risks and rights to adequate
information to create a culture of prevention and as means to strength resilience.

- Special preventive measures must be adopted for vulnerable persons. Individuals and
communities are affected in different ways by the risks and effects of disasters and there
will be different degrees of exposure depending upon vulnerabilities, which gives rise to
the need for incorporation of environmental justice principles in the legal framework on
disaster management. Vulnerable individuals and communities must benefit from disaster
prevention measures, which are tailored to their vulnerability.

- The knowledge of indigenous people and traditional communities about their
environment and their history can be a major contributor to risk reduction and to
reconstruction after disasters and should be recognized and supported. Special attention
must be given to indigenous people and traditional communities in disaster situations,
having regard to their strong relationship with their environment, which is essential to the
maintenance of their culture and way of life.

- Among such vulnerable people, those people forced to leave their home due to disaster
risk or at risk of being displaced, should have particular attention in order to avoid
displacement or if that has already happened, to have their rights protected having regard
to their extreme vulnerability. This vulnerability is compounded by the lack of any
international legal status for such displaced persons. Therefore, the human rights of
displaced persons or persons exposed to the risk of displacement as a result of disaster,
should have international recognition and protection.

- The right to humanitarian assistance should be recognized, considering that
humanitarian assistance is not formally recognized in International Law. Humanitarian
assistance should be provided fairly, impartially and without discrimination, having due
regard to the vulnerability of victims and people?s specific needs.

- All persons and communities affected by disasters shall be kept informed of and have the
right to take part in decisions dealing with the response to disasters.

- All persons who are actual or potential victims of disaster should have their right to
dignity recognized and have access to all the conditions required to lead a dignified life,
so as to protect their human dignity. Human dignity should be at the center of an ethical
approach to a legal framework on disaster management.

- The rights of assistance and rescue workers must also be equally protected.

- States must continue to ensure the enjoyment and respect for human rights during and
after disasters. States have responsibility to protect people in their territory by ensuring
that despite a disaster, human rights both for their people and for the humanitarian and
health and aid personnel will be enforced. Companies and other economic and
humanitarian aid agencies involved in reconstruction must respect the human rights and
dignity of all people involved in reconstruction operations as well as of the victims.

- The role of international and regional courts dealing with the protection of human
rights in recognition and analysis of human rights violations arising from disasters should
be recognized and reinforced, as well as the access of victims to these courts.

Considering that given the environmental stakes, the use of legal tools can only be fully useful if
the effectiveness of international environmental norms is guaranteed,

Considering that the effectiveness of law is crucial for ?good? governance,

Considering that the effectiveness of international environmental norms depends on multiple
factors that have to be viewed globally,

Considering that action to advance the effectiveness of international environmental norms implies
international reform of the normative architecture and of measures to ensure compliance by
States,

Considering that the effectiveness of international environmental norms also depends on the
capacity of international society to institutionalize normative and jurisdictional processes, as well
as recognising the role of civil society parties,

Reaffirming the role of the law, relevant actors, and compliance mechanisms at the domestic
level to improve effectiveness of international environmental law,

The third world meeting of environmental lawyers and environmental law associations
recommends States to:

1) Recognize that the right to the environment, as well as the main principles of
environmental law, are part of international jus cogens, to be understood as a peremptory
norm of general international law universally accepted and recognized by the international
community;

2) Reinforce institutionalization of the environment within permanent and specialized UN
bodies, as well as within conferences of the Parties of multilateral environmental
agreements;

3) Recognize and implement the principle of equilibrium, according to which environmental
law should be fully adequate to address the needs of environmental degradation, notably
by integrating within international law, procedures to assess the impact of the
international treaties on the environment;

4) Promote public participation in the formulation and implementation of international
treaties ;

5) Make the law accessible, intelligible, predictable and transparent to all, simultaneously
promote awareness of and disseminate international environmental law;

6) To improve in a global manner the implementation and enforcement of international
environmental law;

7) Multiply and improve the non-compliance procedures in multilateral environmental
agreements by using as an example the Aarhus Convention Compliance Committee and
by providing access to these procedures to NGOs and to the public;

8) Encourage the creation of an International Court of the Environment open to non-state
actors ;

9) Institutionalize dialogue among judges by creating preliminary ruling procedures between
international jurisdictions and between international jurisdictions and domestic courts;

10) Encourage wider ratification of the Aarhus Convention to give it universal application;
apply its article 3(7) in all Conferences of the Parties, in all non-compliance procedures
and before all international jurisdictions in which environmental cases may be brought;
and apply the three pillars of the Aarhus Convention at the national and regional levels.

Conscious of the necessity to link the achievement of the right to food to a fair access to natural
resources, in particular for the most vulnerable populations;

Conscious of the necessity to ensure legal safety of the rights to land, water, forest, fisheries;

Conscious of the threat to food safety and to the vital right to food of indigenous people and local
communities, due on the one hand to irrational exploitation of natural resources; and on the other
hand to unfair access to these resources;

Considering that the survival of humanity will be done through the achievement of the right to
sufficient and adequate food, and through sustainable agriculture and integrated management of
all the natural resources;

Considering the European Parliament Resolution of 29 September 2011 calling for an effective
achievement of the right to food;

Recommends:

1. Regarding the conceptual basis:

a) That by referring to the concept of agroecology, agriculture development and right to food
should be linked so that food systems ensure food availability for all and that the supply
satisfies the global needs;

b) To make sure that agriculture development contributes to the increase of small-scale
farmers, thus reducing hunger as well as poverty;

c) That the concern for equity be associated with a requirement of sustainability, by ensuring
that agriculture maintains its capacity to the needs of the present and future generations
provided that agriculture biodiversity is safeguarded, that water and soil quality is
preserved, and that desertification and drought, Climate change and natural disasters are
combated against.

2. Regarding the legal framework:

d) To constitutionally recognize the right to adequate food to every human being so that
he/she can access sound and nutritious food in sufficient quantity to fully enjoy his/her
physical and mental capacities;

e) To adopt a legal system- which may be in the form of a framework law- specifically
focusing on the right to food that specifies its content and defines the resulting obligations
as well as institutional, legal, educational, budgetary measures or any other measure
aiming at strengthening its implementation;

f) That States accede to the relevant regional and international right to food instruments;

g) The implementation of the orientations of the Voluntary Guidelines to support the
progressive realization of the right to adequate food in the context of national food
security (2004);

h) The implementation of the future Voluntary Guidelines on the Responsible Governance of
Tenure of Land, Fisheries and Forests in the context of national food safety (under
negotiation).

3. Regarding land policies and legislations:

i) To adopt, review and implement coherent national land policies which take into account
the right to food;

j) To reform land policies bearing in mind the right to food, in particular in terms of access
to agricultural lands and to other related natural resources;

k) To recognize the plurality of land tenures that exist, including customary rights, in order
to better satisfy the needs of security of the different actors of the rural area;

l) To regulate the land markets in order to fight against speculation, in particular on the
urban land market, so as to mitigate the exclusion of the most vulnerable populations by
the market mechanisms.

m) To reform legislation related to natural resources management through seeking to bring
coherence between the right to food and the local rules, practices and constraints;

n) To grant specific attention to the appropriate mechanisms of local management of natural
resources, giving priority to concertation/discussions between the different users (e.g.
through consensual local conventions);

o) To associate all stakeholders, including the local ones, to the elaboration process,
implementation and follow up of legislation related to the management of natural
resources.

p) Ensure the respect of international instruments related to women, indigenous people and
minorities rights, and to facilitate their access to appeal in case of infringement to their
rights;

q) To establish and ensure the effective implementation of appropriate, fair and non
discriminatory legal mechanisms that guarantee women, indigenous populations and
minorities access to land and other natural resources;

r) To associate women, indigenous populations and minorities to the management of land
and other natural resources guaranteeing their right to food, and to the resulting benefit
sharing and decision process.

6. Regarding agriculture investments and land acquisition in rural area:

s) To promote public and private investment in favour of agriculture, including peasant
agriculture, as well as agro-sylvo-pastoral and small-scale fisheries;

t) To adopt a legal framework that guarantees the safety of investments in rural land sector,
duly taking into account the environmental and social aspects;

u) To realize the afore mentioned investments without jeopardizing the local and national
food safety, respecting all individual and collective rights including the existing
individual and collective land rights, and according to transparent participative
procedures;

v) To legally define the rural small and large scale land acquisitions by submitting the
private transfers to the prior consent of the populations involved, by safeguarding the
local land rights and by ensuring the effective payment of the real value of the transferred
lands.

Having examined the actual status and content of the draft for an « International Covenant on
Environment and Development » which includes a large number of principles accepted by
consensus since the Stockholm Conference,

Noting that the draft International Covenant on Environment and Development was introduced to
the international community in 1995 on the occasion of the fiftieth anniversary of the United
Nations,

Recognizing the contribution of the International Union for the Conservation of Nature and
Natural Resources (IUCN) and the International Council of Environmental Law -toward
sustainable development- (ICEL) in the formulation and promotion of this initiative;

Considering that the draft Covenant contributes to the development of international
environmental law, and aims to build a real sustainable development law;

Noting with satisfaction the progress made since the initial presentation of the draft International

Covenant on Environment and Development, which has since undergone three revisions to
periodically update it in accordance with the newest developments in the field;

Deeply concerned by the continuing lack of a version of the draft Covenant in other working
languages of the United Nations, particularly in French;

Convinced that the French translation of the draft Covenant is of paramount importance to
Francophone developing countries, which have an important role to play in the process of
adopting such an instrument;

The Third Worldwide Conference of Environmental Law NGOs and Lawyers in Limoges
(France), September 29-1 October, 2011:

1. Welcomes the draft International Covenant on Environment and Development, and
recommends its adoption;

2. Decides to recommend it strongly to the attention of the United Nations General
Assembly (UNGA) for discussion and adoption;

3. Provides for such purposes that the UNGA, through a Member State, embrace the draft
Covenant and introduce it as an official document to ensure its translation into the working
languages of the United Nations;

4. Draws the attention of the International Organization of La Francophonie to the urgent
need for a French translation before the Rio+20 Conference, to facilitate discussions within the
Francophone community;

5. Recommends that the UNGA, upon recommendation of the 6th Committee, directly
adopt the draft International Covenant on Environment and Development in Plenary; ;

6. Notes that several states have used the draft Covenant as a check list for their national
legislation, especially African Union (AU) Member States;

7. Further Notes that AU Member States have concretely used the draft Covenant as a basis
for the revision of the 1968African Covention on the Conservation of Nature and Natural
Resources and that all Heads of State and Government adopted this Revised African Convention
(Maputo Convention) at the Second Summit of the African Union in 2003;

8. Invites AU Member States to quickly ratify the Revised African Convention adopted by
the Heads of State and Government at the Second Summit of the African Union in Maputo in
2003;

9. Proposes, that if adoption of the draft International Covenant on Environment and
Development by the UNGA in Plenary is not possible, the UNGA establish, under its aegis, an
Intergovernmental Negotiating Committee for the negotiation and adoption of such an
instrument, taking into account proposals that could be submitted by the States participating in
the negotiation process, so that the Convention be developed by June 2014;

10. Urges the adoption of a resolution by the UNGA to quickly consider the establishment of
conditions for the adoption of the draft International Covenant on Environment and
Development, in accordance with the established practices of the UNGA;

11. Requests the Secretary-General, as soon as possible, to bring the draft Covenant to the
attention of the UNGA for its consideration and adoption;

The participants in the global meeting of lawyers and environmental law associations are
conscious of the reciprocal impacts of economic activities and their consequences on the
environment and the need to intensify international co-operation in the field of environmental
assessment for a better and more rational management of the environment and for sustainable
development.

They encourage the commencement of a process for the drafting of an enforceable world
convention on environmental assessment and sustainability, based on the following
considerations:

1. Many States have adopted measures to ensure that environmental impact assessment is
carried out as part of their laws and administrative regulations and their national policy.
But existing national laws and regulations do not provide for the same requirements nor
reflect harmonized criteria. This lack of uniformity of national laws on assessments has
adverse effects on the protection of the environment and can generate distortions with
unfair effects on international trade.

2. International jurisprudence, particularly of the International Court of Justice (ICJ) and the
International Tribunal of the Law of the Sea (ITLOS), has found ?that there is, in general
international law, a duty to undertake an environmental impact assessment when the
proposed industrial activity may have an adverse impact in a transboundary context, and
in particular, on a shared resource?. However, the ICJ recognizes also that ?general
international law does not specify the scope and content of an environmental impact
assessment? and that therefore ?it is up to each State to determine, in its national
legislation or in the authorization process, the specific content of the environmental
assessment required in each case?. This clearly incomplete, normative framework gives
rise to an urgent demand for the development of harmonized rules, agreed upon by States,
in an international convention of global scope, to set minimum standards that must be
complied with by national and international instruments dealing with environmental
assessment and sustainability.

3. Currently, national and international provisions on environmental assessments do not
generally apply to areas located beyond national jurisdiction. Legal instruments to fill
this gap and to strengthen environmental protection of the common areas of the planet
should be put in place as a matter of urgency.

4. In drafting the Convention, the following guidelines should be considered:

a. The Convention should have global scope, even if it is to be followed by other
instruments of regional and sub-regional scope.

b. Scope of application: the Convention should have broad scope covering
environmental, strategic and transboundary assessments and continuing
surveillance and monitoring. The assessments should integrate the social and
cultural aspects and the effects of planed activities on consumption of energy.

c. Floor but no ceiling: the Convention should establish the minimum requirements
of the assessment procedures, while allowing the Parties to adopt more protective
national standards. The Convention should establish the minimum content of the
environmental assessment report and the technical quality and the scientific
independence of its authors.

d. Screening: the Convention should fix the list of activities subject to assessment
procedures, either on the basis of general criteria or by a specific enumerating list.

e. Ex-ante approach: the assessment procedure must be completed before a decision
is made by the competent authority authorizing the project activity or under the
corresponding laws, plans and programmes.

f. Global commons: the Convention should apply to transboundary assessments
which might affect other States or areas beyond national jurisdictions. In the case
of transboundary assessments, procedures for notification and consultation among
the States concerned will be required. All the States concerned can participate in
the assessment procedures.

g. Public participation: in all cases, public participation in the assessment procedures
should be guaranteed and taken into consideration.

h. Compliance mechanisms: the Convention should include a compliance mechanism
with a Committee of independent experts who can receive requests from the public
(independent body + public trigger)

Recognizing that soil, as the primary basis for all terrestrial biodiversity, has until recently been
largely ignored in international fora and by national governments, except in the context of
desertification.

Understanding that the lack of consideration of soil represents a substantial gap in global policy
making on the environment and that soil, as a vital biological resource demands urgent and
specific protection on the same level as other environmental regimes, in particular biological
diversity and Climate change.

Accepting that it is necessary to initiate an integrated approach to soil conservation, soil security
and sustainable use of soil and which takes soil into account within the multilateral
environmental regimes of desertification, biological diversity and Climate change.

Recalling the objectives of the Convention to Combat Desertification, to be pursued in
accordance with its relevant provisions, to combat desertification, mitigate effects of drought, use
long-term strategies that focus on improving productivity of land, rehabilitation, conservation and
sustainable management of land and water resources, leading to improved living conditions, in
particular at the community level;

Recognizing that over 70 percent of the world?s pastoral lands are severely affected by soil
degradation and in view of their contributions to Climate change adaptation and mitigation,
disaster risk management, biodiversity protection, and sustainable agriculture and rural
development;

Taking into account the text adopted at the sitting of the European Parliament on 29 September
2011 on developing a common EU position ahead of the United Nations Conference on
Sustainable Development (Rio+20) in particular clause 51 which ?Regrets the slow progress of
negotiations and commitments in the context of the UN Convention to Combat Desertification
(UNCCD); considers that soil is a scarce resource and that land degradation and land use change
require a global response; calls for concrete action, efficient measures and monitoring, especially
as regards the production of biofuels?;

It is recommended that, as a first step in addressing issues of global soil conservation, a Protocol
on Security and Sustainable Use of Soil be negotiated under the Convention to Combat
Desertification
It is further recommended that the Rio + 20 Conference consider the drafting of a comprehensive
Convention on Security and Sustainable Use of Soil, focusing on soil degradation and
contamination as well as including provisions concerning the role of soil in the conservation of
biological diversity, mitigating and adapting to the effects of Climate change, and food security
with regard to all lands;

The third global meeting of lawyers and associations for environmental law

Considering that the land- based marine pollution represents 80% of the pollutions of the seas,

Considering the great number of causes of this pollution, all of them land-based,

Considering the deficiency of juridical international and regional conventions on this question,

Think it necessary to propose a global convention to fight this pollution and recommend the
adoption of a convention to take account of the following:

1. to take account of all the causes of this pollution, including sedimentary deposits, the
dumping of solid waste and the atmospheric fallout of volatile pollutants;

2. to take into account the three origins of the pollutants : sea shores, rivers, and atmospheric
fallout;

3. the creation of a framework convention including minimum provisions and additional
protocols taking into account the requirements of oceanic ecosystems and of the economic
development of coastal states;

4. the convention to be based on three pillars : the putting in place of programs of action for
5 or 6 years setting out priorities, the obligation on member States parties to adopt the
legislative measures needed for the effective enforcement of the programs, the adoption
of the polluter-pays principle while also providing for financial penalties to incite
economic actors to adopt equipment to diminish or suppress polluting discharges;

5. the introduction of a system of lists of products which are prohibited from dumping and
of products provisionally authorized under State responsibility;

6. the convention to provide for the establishment of permanent bodies to include a
Secretariat ensuring continuity and links between parties, an administrative Commission
with decision making powers and to make recommendations on the enforcement of the
convention, helping to co-ordinate actions and receiving the annual reports of the parties.
The decisions of the Commission would be adopted by consensus, recourse to voting
being avoided insofar as possible;

7. the additional protocols would allow a specific approach ratione materiae and also a
chronological approach ratione temporis in order to prioritise actions and to allow the less
developed States to gradually increase their participation. Protocols should be provided
specifying waste standards, taking account of hydrographic basins, waste waters and the
putting in place of continuous surveillance and the putting in place of a development plan
for action programs, setting out public policy objectives;

8. to set up a responsibility system for the State parties assuring respect for the convention
provisions. The non-compliant States would be obliged to make good the damage caused.
However, whenever possible, the States parties should help the defaulting bona fide State.
The State parties should set up penalties in their national laws;

9. the parties should use lawful peaceful means to resolve their disputes. If they do not
resolve them, an appeal to the international tribunal of the law of the sea would be
preferred.

- Considering the alarming condition of the global environment and the increasing rate of its
deterioration,

- Considering that these negative environmental phenomena produce victims who encounter
injury to their health and their dignity, and even impairment of their fundamental right to life,

- Considering that the gravity of environmental harm necessitates the displacement of
individuals, families and populations,

- Considering that the exponential growth and clear foreseeability of such movements
constitute a threat to the stability of human societies, the preservation of cultures, and world
peace,

- Considering the many appeals from non-governmental organizations to recognize a status for
environmentally-displaced persons, and insisting on the urgent necessity of responding to
their plight,

- Considering that several international declarations underline the existence of this category of
displaced persons (Principle 18 of the Rio Declaration on Environment and Development,
concerning ecological assistance, June 1992; Agenda 21, Chapter 12, 12.47 ; and the
Directive principles relating to internallydisplaced persons),

- Considering the numerous international conferences that also refer to such situations,
including:

-the Kyoto Conference (1997) and that of The Hague (2000) which set forth the risks of
large migrations linked to Climate change,

-the World Conference on the Prevention of Natural Disasters (Hyogo, January 2005)
which insisted on prevention linked in particular to ecological refugees,

- Considering that certain organs of the United Nations have spoken of this matter:

- The General Assembly of the United Nations in resolutions 2956 (1972) and 3455
(1975) on displaced persons, resolution 36/255 of 17 December 1981 on strengthening the
capacity of the United Nations system in the face of natural disasters and other
catastrophes, resolution 43/131 of 8 December 1988 on humanitarian assistance to victims
of natural disasters and emergency situations of the same type, resolutions 45/100 of 14
December relative to humanitarian assistance to victims of natural disasters and
emergency situations of the same type, resolution 49/22 of 13 December 1994 concerning
the international decade for the prevention of natural disasters,

- The Security Council (5663rd session of 17 April 2007) making the link between the
impact of Climate change and international security, in particular in respect to persons
who risk displacement by 2050;

- The Secretary General of the United Nations in his message of 5 June 2006 exhorting
governments and societies through the world to think of those who cannot subsist in arid
zones and will become ecological refugees,

- Considering that the specialized institutions of the United Nations such as the World Health
Organization, UNESCO, the World Bank, and other institutions in the United Nations system,
such as the High Commissioner for Refugees, the United Nations Environment Programme,
and the United Nations Development Programme, regional organizations such as the Council
of Europe, the European Union, and the African Union have drawn attention to the challenges
of environmental migrations,

- Considering the international agreements that already take into consideration environmental
displacements, notably:

- The International Labour Organization?s Convention No. 169 concerning Indigenous
and Tribal Peoples in Independent Countries of 27 June 1989;

- The Convention to Combat Desertification of 12 September 1994;

- The African Union?s Convention for the Protection and Assistance of Internally
Displaced Persons in Africa of October 22, 2009;

- Considering Principles Nansen prepared 6 and 7 June 2011,

- Considering article 14 § f) Cancun agreements .

1. Proposes the adoption of a new international convention on environmental displacement
that includes a clear definition of "environmentally displaced persons".

2. Proposes to establish an institutional mechanism unprecedented protection of
environmentally both those displaced within their own country and those who are
displaced to other states .

3. Proposes the adoption of common rights for environmentally displaced internally-and
inter states -persons including: Right to assistance, Right to water and to subsistence food
aid, Right to health care, Right to juridical personality, Civil and Political Rights, Right to
housing, Right to return, Right to respect for the family, Right to work, Right to education
and training, Right to maintain cultural specificity.

4. Proposes the adoption of key principles of international law, international environmental
law , international law of human rights, international law of refugees and displaced
persons including: Principle of Solidarity, Principle of humanity, Principle of common
but differentiated responsibilities, Principle of effective protection, Principle of non-
discrimination, Rights to information and participation, The Right to Displacement, The
Right to Refuse Displacement.

5. Recommends the establishment of an institutional mechanism for cooperation with the
National Commissions on Environmental Displacements in each State Party, in charge of
reviewing applications for recognition of the status of a World Agency for
Environmentally-Displaced Persons composed of a scientific council, board of directors
and a secretariat .

6. Recommends the establishment of a mechanism to monitor the proper implementation of
the Convention through Conferences of the parties and national reporting.

7. Encourages the creation of funding mechanism with the World Fund for the
Environmentally-Displaced persons.

Considering the current context of deepwater and ultra-deepwater (more than 3000 meters)
offshore oil development ;

Considering that the current price per barrel of oil allows such deepwater and ultra-deepwater to
be cost-effective ;

Considering that the extension of the exclusive economic zone authorized by the United Nations
(PLEASE CHECK, NOT SURE IF THAT?S WHAT THIS REFERS TO) opens the possibility
for a greater number of deepwater wells ;

Considering that signficant advances in drilling technology allow an ongoing increase in the
depth of deepwater well ;

Considering that oil contracts between States and oil companies contain security questions that
do not account for environmental protection ;

Considering that Article 204 of the United National Convention on the Law of the Sea
nevertheless anticipates that States shall monitor the effects of activities that they allow on their
territory ;

Noting that these activities, and in general the potential risks from offshore drilling, draw
attention to deficiencies in international to deal with a form of development that will undoubtedly
affect the integrity of the oceans and seas, and public goods. It is therefore appropriate that a
United Nations resolution propose rules of conduct that should be imposed on States with oil
resources.

Recommend :

a). Consistent with the precautionary principle, Regional Sea Conventions ( ??) should be based
on the precautionary principle, to the extent that they currently are not.

b) Coastal States shall prepare an annual report on environmental protection measures imposed
on oil development companties. This report should be submitted to a specialized agency or to an
eventual World Environmental Organization.

c) A global prohibition on drilling in marine protected areas.

d) States shall systematically impose liability in the case of polluation caused by negligence or
failure to abide by restrictions imposed on oil development companies.

e) Impacts assessments shall be required systematically prior to the issuance of all oil drilling
permits.

f) A system shall be established for inspections of offshore oil installations by third-party
observers designated by a specialized agency or by an eventual World Environment
Organization.

g) A contingency fund shall be established to cover cleanup and restoration in the event of
pollution, to be financed by oil companies and oil States.

Considering the known risks from mercury in the environment, in particular raised in the Global
Mercury Assessment Report of the United Nations Environment Programme (UNEP);

Acknowledging that only a united global action can result in an effective response to mercury
pollution, as long as it is adapted to local realities of the use of this metal and its derivatives;
Considering the need for a global answer to the problems posed by mercury, and its lifecycle;

Noting that many environmental injustices are caused by anthropogenic mercury emissions:

Recommend:

The signature, as soon as possible and if possible at the time of Rio+ 20 in 2012, of the legally
binding global treaty on Mercury known as ?Convention of Minamata?;

To request the elaboration of terms and objectives for the legally binding global treaty on
Mercury, in order to guarantee the protection of health of the individuals and nature, while
minimizing, and, as far as possible in the long-term, eliminating the anthropogenic mercury
emissions into the air, water and soil;

To expressly recognize the relevance of the principles of prevention, precaution, polluter pays
and of common but differentiated responsibilities in any response to problems caused by mercury
at the international level;

To bring to technical and financial support to countries where mercury is used for local-level
artisanal activities to replace mercury-based economic activities, in particular by the installation
of a financial mechanism, possibly managed by Global Environment Facility (GEF);

To ensure the inclusion in the text of the Convention of Minamata of a mechanism for
establishing a standardized approach to mercury regulation, closely linked with an effective
supply of the technical and financial support for developing countries;

To regulate mercury, as far upstream as possible, through the harmonization of international
instruments and conventions related to mercury (Basel, Rotterdam, Stockholm, ?heavy metals?
Protocol of the Geneva Convention, CNUCC);

To develop a convention structure to enable the future incorporation of other heavy metals,
including, in particular lead and cadmium, into the framework of the convention;

To inform people without delay on the risks of mercury and in particular its presence in the
activities and the objects of the daily life (batteries, light bulbs, health care activities, cosmetic
products ?);

To take part with the World Health Organization (WHO) in the education of public health
workers on the presence of mercury in healthcare tools and procedures, and to seek to eliminate
the use of mercury.

That the landscape is an element which is inseparable from the quality of life and the human
rights to the environment;

That the perception of landscape depends on cultures and their diversity;

That there are various international legal texts on the topic of landscape but their scope is limited
either geographically or in contents;

That the UNESCO has begun a reflection on the opportunity and feasibility of a new world
instrument on landscape;

Those landscapes undergo increasing degradation and should be preserved.

Recommends

The recognition in the final declaration of the Rio+20 Conference of landscape as one of the
fundamental elements of sustainable development.

The continuation of the process initiated by UNESCO concerning the opportunity of developing a
global instrument on landscape;

To this end:

1) To undertake multidisciplinary studies regarding the concepts related to landscapes and
the existing instruments at international, regional and national scale.

2) To broaden the discussion to all relevant international actors (institutions, civil society,
economic sector ...).

Taking into account the following elements while reflecting on the global instrument:
The good governance of landscapes through the participation of populations and co-
operation at all levels (global, regional, local).

The consideration of all landscapes, including everyday or degraded landscapes, and
every kind of space (urban, rural, natural, etc.).

The legal nature of the instrument, which should allow both the establishment of general
and coherent principles worldwide, while allowing States around the World the ability to
develop regional instruments adapted to their administrative, legal, political, geographical,
social and cultural diversity.

?We, attendees to the Third worldwide conference of environmental law NGOs and Lawyers,
Convinced that the call for the establishment of an IEC should be considered in light of the more
general problem of environmental law non-compliance and disputes,

Recognizing that, as a consequence, the contribution of both international and national courts to
the development of international environmental law is hindered by their jurisdictional incapacity
to generate MEA-based decisions,

Taking note of the European Parliament?s Resolution developing a common EU position ahead of
the United Nations Conference on Sustainable Development (29.IX.2011),

Recalling that the idea of an IEC should be kept alive in spite the difficulty of considering it as a
top-priority in the international agenda,

Approved the following recommendations regarding the creation of an IEC:

1. It is important the IEC Statute be adopted providing that disputes concerning the
interpretation and application of MEAs could be submitted unilaterally by the State that
considers its rights as being violated.

2. New MEAs and Protocols concluded in the future should always include compulsory
dispute settlement and efficient compliance mechanisms

3. A broad jurisdiction should be granted to the IEC ; mechanisms for avoiding concurrent
jurisdiction must be provided.

4. The ICE statute would be an useful instrument if States were to agree to amend all
existing MEAs so that disputes concerning their interpretation and application could be
submitted to it at the request of one party. This would entail that:

(i) MEAs would be submitted to compulsory jurisdiction while now they
can be submitted to a judge or arbitrator only by a special agreement or
when the ?optional clause? of art.36(2) of the ICJ Statute (or regional
agreements of similar effect) are applicable;

(ii) uniform interpretation of different agreements would be obtained.

5. States could also attribute to the IEC

(i) jurisdiction for preliminary rulings on questions of interpretation or
application of MEAs arising before domestic or international courts;

(ii) consultative jurisdiction on questions of environmental law raised by non-
governmental and international organizations.

6. Even if there is currently no real opportunity to mainstream any project of creating an IEC on
the international level, a reasonable number of States could give to the IEC the competence to
adopt preliminary rulings on environmental questions at the request of domestic courts and
start preparing appropriate amendments to domestic law. Such a project would be complex
but not impossible.

7. The use of arbitration concerning environmental matters (which can use arbitrators
specialized in environmental law) should be considered as an alternative to judiciary
procedures.

8. The IEC would be a necessary complement to the proposed global convention on the
environment.

- Considering that UNEP, despite its considerable accompishments, has a structure that is
insufficiently democratic, a mandate that is too limited, and powers and resources that are too
weak,

- Considering that, just as international trade has its own institution, it is essential that the
environment have a comparable institution,

- Considering that the idea and plans for a WEO originated at the Rio Conference of June 1992
and have been pursued at numerous meetings, in particular at the international level,

- Considering that the Governing Council of UNEP, meeting from 21-24 February 2011 at the
Global Ministerial Environment Forum that brought together 144 ministers, formally transmitted
to the preparatory committee for the Rio Conference of June 1992 (SHOULD THIS BE 2012 ?)
ministerial recommendations on the strengthening of environmental governance that included
« creation of a WEO as a favored option ». (NOTE : THIS SHOULD BE CHECKED AGAINST
THE ORIGINAL DOCUMENT IN ENGLISH)

Recommends

(a) the creation of a World Environment Organization (WEO), headquartered in Nairobi

(b) establishment of democractic structures based on UNE VOCATION UNIVERSELLE
(NOTE : I DON?T KNOW WHAT THIS MEANS), greater equity between States of the North
and States of the South, and constituent bodies typical of specialized institution of the United
Nations, with NGOs given a strong consultative and participatory role, and support for
international impementation of instruments on environmental participation of citizens.

(c) an increase in the environmental democracy of the WEO, for example five years after teh
WEO is created, by two principle means. A symbolic representation, with a consultative role, of
past and future generations will be established within the WEO. The General Assembly and
Executive Council would recognize six groups in addition to States : NGOs and unions, private
enterprises, international and regional organizations, local communities and indigenous peoples,
local authorities and experts. Their representation, election and weight of authority in voting and
other decisionmaking processes would be determined in the WEO?s fifth year.

(d) Establish the goals of the WEO. The goal of the WEO is to protect nature and combat
pollution, while respecting environmental democracy. It undertakes this responsibility in the
interest of present and future generations, with respect for past generations, and in the interest of
all life.

(e) The determination of the functions related to these goals. 16 functions are proposed :

1. determine global environmental strategy,

2. strengthen the consistency and efficiency of multilateral environmental
agreements,

3. manage several secretariats of conventions and participate in various ways to
strengthening them,

5. contribute to a vast promotion of environmental education in educational
systems throughout the world,

6. strengthen regional governance,

7. conduct rigorous and thorough assessments of traditional (command-and-
control) legal and market-based mechanisms (RELATED TO THE
ENVIRONMENT) in order to shed light on their advantages and
disadvantages and to clarify their weaknesses and ineffeciencies. No
preference should given to either type of mechanism, given that they should
support, consistent with rights to information, as much transparency as
possible, without overreliance on protected industrial, trade, financial and
business secrets, given the preeminence of the human right to the environment,

8. help respond to the specific needs of developing countries,

9. initiate the creation of, and work closely with, a World Organization of
Ecological Assistance,

10. initiate the creation of, and work closely with, as World Organization for
Environmental Refugees,

11. initiate the development of new global conventions on environmental
protection,

12. implement means to support the implementation and enforcement of
environmental conventions,

13. help put in place comprehensive global system of eco-taxes,

14. establish a mechanism for resolution of environmental conflicts,

15. represent nature as a heritage of present and future generations, and ensure that
its needs are met,

16. put in place a sanctions mechanisms based especially on restoration.
Some functions, which some States might find too radical, especially the last three, should be
implemented five years after creation of the WEO.

(f) Give the WEO sufficient resources for fulfillment of its goals and functions, including
financial resources, legal tools, adequate staff, strengthened regional offices, and a headquarters
in Nairobi.

(g) Plan for the transformation of UNEP into a WEO, which would be a specialized institution of
the United Nations.

Considering that Chapter 38 of Agenda 21 recommends the implementation of institutional
mechanisms which are adapted to the effective international management of the environment;

Considering that Chapter XI of the Johannesburg Plan of implementation recommends the
strengthening of the institutional framework for sustainable development at international level;

Considering that Chapter 27 of Agenda 21 recommends the strengthening of the role of Non
governmental organizations (NGOs) as partners for sustainable development;

Considering the necessity to improve the representation of NGOs in the international institutional
system of environment and to ensure their participation in decision making in this area;

Noting that international governance suffers from a certain democratic deficit, and that the
international community shows encouraging signs of acceptation for an active participation of the
civil society, especially NGOs, in finding solutions to environmental matters;

Recommends:

(a) To undertake an institutional reform of the environmental protection in the UN system, by
merging the Commission on Sustainable Development (CSD) and the Economic and Social
Council (ECOSOC) in an Economic Social and environmental Council (ECOSOEC), reinforced
by the Charter explicitly with a competence in environmental matters and sustainable
development;

(b) To give the new Council the role of supervisor of Environmental Conventions, and coordinator
of environmental competences of the various organs of the UN system;

(c) To establish a Permanent Forum on sustainable development, as a subsidiary body of ECOSOEC,
responsible for monitoring and technical expertise in the three areas of sustainable development;

(d) To provide in this Forum an equal representation of the states and the civil society ( social and
environmental NGOs, industry and scientists), to engage in the same way all the actors involved
in the issue of sustainable development according to their skills, and to ensure better
representation of civil society in international governance of the environment;

(e) To ensure the independence of the representatives of civil society by an internal appointment
process for members of the sectors concerned, without notice of the states or the council required.

(f) That civil society could access, through the Forum members representing NGOs, to information
about international negotiations on the environmental ;

(g) To guarantee this right by creating an obligation for the UN bodies and the States to provide all
the necessary information to the Forum, whose members will serve for all UN sessions
interesting sustainable development;

THE PLACE OF CIVIL SOCIETY AND NGOs IN
INTERNATIONAL LAW ON THE ENVIRONMENT

(1) The Rio+20 Conference should take a decision to start negotiating a global treaty on
Principle 10 of the Rio Declaration, in order to have a text ready for adoption in 2017.
The negotiation process itself should be transparent and participatory.

(2) The Rio+20 Conference should (a) encourage the development of regional treaties on
Principle 10 along the lines of the Aarhus Convention, and (b) encourage interested States
to accede to the Aarhus Convention and its Protocol on PRTR, both of which are open to
accession by any UN Member State.

(3) The Rio+20 Conference should request UNEP to provide assistance to countries to enable
them to better implement the Bali Guidelines on Principle 10, and invite donor
governments and institutions to provide financial assistance for this purpose.

(4) Any new instruments or processes established pursuant to the Rio+20 Conference should
be ?Principle 10-proofed?, i.e. they should contain provisions and/or requirements
promoting effective access to information, public participation and access to justice in
relation to their subject matter.

(5) In its conclusions on the institutional framework for sustainable development, the Rio+20
Conference should invite the governing bodies of and Parties to international treaties
relating to the environment, including but not limited to multilateral environmental
agreements, to ensure that the substantive outcomes under such instruments promote
effective access to information, public participation and access to justice.

(6) The Rio+20 Conference should adopt a set of guidelines guaranteeing minimum standards
for civil society participation in international decision-making processes.

STRENGTHENING OF FORESTRY LAW AT THE NATIONAL, REGIONAL AND
INTERNATIONAL LEVEL

The Meeting:

Aware that forests, in the richness of their diversity, support ecological processes which are
indispensable for maintaining all forms of life;

Alarmed at the continued high rate of loss and degradation of the world?s forests, despite the
notable expansion of reforestation;

Convinced that the capacity of forests to satisfy the global needs of humanity cannot be
maintained in the long term except by the sustainable and equitable management, in the interest
of present and future generations, from the ecological, economic, social, cultural and spiritual
points of view;

Welcoming the significant progress of forestry law achieved at the national level through the
many legislative reforms undertaken by numerous States, and convinced of the necessity to
pursue such efforts to adapt, improve, complement, update and enforce the national legal
frameworks relating to forests in all countries;

Appreciating the importance, from this perspective, of the Non-Legally Binding Authoritative
Statement of Principles for a Global Consensus on the Management, Conservation and
Sustainable Development of all Types of Forests, adopted in 1992 by the Nations United
Conference on Environment and Development;

Welcoming the results achieved in the framework of the United Nations Forum on Forests and
under the International Arrangement on Forest, which led to the adoption in 2007 of the Non-
legally Binding Instrument on all Types of Forests by the General Assembly of the United
Nations;

Noting the rising trend for consumer countries to impose direct or indirect restrictions on the
import of forest products to ensure legal logging and sustainable management of forests;
Bearing in mind that there is still no global convention, of general scope, applicable to all the
forests which the planet relies on, and noting the persistent divergences in opinion on the
desirability to develop such a convention, both between States and amongst non-government
actors;

Convinced that a global forestry convention would provide a sound legal basis for good
governance and increased cooperation for the conservation and development of forests, and also
enhance synergies among existing conventions dealing with related areas, in order to foster
sustainable development, the fight against poverty, the preservation of biodiversity and a
reduction in greenhouse gas emissions;

Recommends:

a) a dialogue should be initiated, in a constructive spirit, to bring positions closer together so as
to reach a consensus allowing negotiations to start as soon as possible on a forestry convention
which would: (i) have a worldwide scope; (ii) be applicable to all categories of forests and all
forest products and services derived therefrom, respecting eco-regional diversities; (iii) cover the
environmental, economic, social, cultural, sacred and spiritual dimensions of the conservation
and utilisation of forest ecosystems; (iv) be grounded on principles of legality, sustainability,
equity, solidarity, ethics and transparency, taking into account legal pluralism; (v) provide for
viable financial mechanisms and help to raise official development aid for sustainable forest
management;

b) the promotion of national, bilateral, regional and global initiatives aiming at the adoption and
improvement of policy and legal instruments for the conservation and development of forests,
especially: (i) forestry planning and programming tools; (ii) criteria and indicators for sustainable
forest management; (iii) forest certification programmes; (iv) voluntary guidelines on specific
aspects of forest management and use; (v) bilateral agreements and regional conventions intended
to strengthen cooperation on forest conservation and development, including governance,
legality and trade issues in the forestry sector;

c) the dissemination and deepening of reforms to improve, update and complement national
forestry legislation in order to promote, inter alia: (i) environmental, social, economic, cultural
and spiritual values of forests; (ii) forest planning and management and regulation of forest use,
in compliance with sustainability and legality; (iii) the fight against illegal clearing and logging,
transparency of trade in timber and traceability of forest products; (iv) reduction of forest
biodiversity loss; (v) certification of forest products; (vi) more equitable, participatory and
decentralized management of forests, involving all concerned actors, public and private,
respecting the interests users, indigenous peoples, local entities and the national community;

d) a better legal regime for encouraging the role play of forests in reducing the negative impacts
of Climate change, notably in respect of: (i) tenure rights related to forest carbon stocks, sinks and
credits; (ii) the REDD+ initiatives, taking due account of the interests of local communities and
those living in the vicinity of forests;

e) the raising of funds, building of capacities, development of research, and transfer of
technologies necessary to implement the measures mentioned in the preceding paragraphs.

1) States should start the negotiations for an Implementation Agreement of the United Nations
Convention on the Law of the Sea that would set forth a commonly agreed ?package? on a global
regime for the conservation and sustainable use of marine biodiversity in areas beyond national
jurisdiction;

2) The basic components of the future Implementation Agreement should be:

- a regime for marine genetic resources, including access and benefit sharing,

- provisions on capacity building and transfer of technology;

3) As regards marine protected areas, consideration should be given to a number of elements, such
as, inter alia:

- the provision of a List of high seas marine protected areas of world importance;

- the definition of common criteria for the choice of high seas marine protected areas
(importance for the conservation of biological diversity, ecosystems or habitats of endangered
species; special interest at the scientific, aesthetic, cultural or educational level; etc.).

- a procedure for the inscription of high seas marine protected areas on the List based on a
decision taken by the parties to the Implementation Agreement;

- the adoption on a case by case basis of a set of protection and conservation measures,
which are binding on all the parties to the Implementation Agreement;

- the obligation of the parties to adopt appropriate measures, consistent with international
law, to ensure that no one engages in any form of activity contrary to the principles and purposes of
the protection and conservation measures adopted for each high seas marine protected areas of world
importance.

- the provisions of institutional arrangements and financial mechanisms necessary for the
implementation of the Agreement.

- the provision of measures regarding marine protected zones on the high seas which are
partly within national jurisdiction.

- Public policy redefined, developed on the principle of an integrated and participatory

- An approach based on priority coastal and marine ecosystems,

- A transnational / regional, based on river basins and coastal shipping

- Specific directions: protection of biodiversity, land-use planning in coastal areas (with closed
areas to build in coastal areas), areas of enhanced protection, coastal and marine economy in the
service of environmental and social goals

- Developing a culture of ICZM from all stakeholders, including local

II- A set of objectives for ICZM

Public policy on ICZM should be based on:

A - Knowledge

Given the stakes and the complexity of coastal and marine ecosystems will be knowledge on
transboundary coastal ecosystems will be developed.

Referring to the creation in 2009 of the World Conservation Monitoring Centre for Conservation
of Nature (www.wdpa-marine.org):

- Regional Observatories will be created in 5 years

B - A set of objectives

Based on regional and / or interstate relevant priorities, objectives will be defined

Given the links land / sea, and the transboundary nature of these issues, but also the role of these
ecosystems and their degradation characterized by qualitative targets of priority concern:

1. Coral reefs

2. Estuaries

3. « Mangroves »

These objectives will lead to:

a. restoration of degraded environments

b. preservation of environmental quality

C - Coordination

Integrated management of coastal areas requires coordination of:

4. Strategies: first ICZM strategy in geographical and other steps to protect
existing, including the Montego Bay Convention, the Ramsar Convention, the

Convention on Biological Diversity, the Convention on the management of
waste, many regional and bilateral Convention on the water management etc. ..

5. Actors: those of ICZM and other policy actors, public actors and regional
national and local actors, the public and private actors

6. instruments: planning and operational tools, programs and funding

III - To implement operational capacity within five years

The coastal and marine zones, such as estuaries, deltas and river mouths are always political and
administrative borders, international and national levels.

The basis of the operational response must be based on the will of the state to develop cross-
border cooperation for the sustainable management of large estuaries or deltas in the world.

To achieve the qualitative objectives, a program will be conducted from 2013 to 2018 leading to:

8. Establish a regional action plan integrated with major ecosystems (oceans),
based on - coastal basins

9. Establish a national plan of action, combined with a local approach. The
coastal and marine spatial planning should be developed in a transversal way
across river basins and sea, whether national or transboundary

10. Strengthen the participatory process (Aarhus)

11. Establish a sustainable program involving all programs and all stakeholders

12. Ensure sustainable funding

13. Enhancing the adaptability of the process in time of ICM

14. Implement an enforceable right planning, regulation, incentives

15. Raise awareness and educate law enforcement and judges

16. Provide an assessment based on shared indicators

17. Build capacity for research on ways to develop operational and effective

18. Strengthen international cooperation

19. Develop a culture of ICZM, drawing on local cultures

VI- Establishing shared control tools

Building on the achievements of existing assessments, an evaluation of ICZM will be conducted,
relying on independent expertise and a set of qualitative and quantitative indicators common to
all states, supplemented by local indicators, including:

4. Urbanization and the artificialization of coastal zones (facilities, infrastructure)

5. Demographics

6. Marine and coastal biodiversity

7. The quality of coastal and marine waters

8. Waste management

9. The landscape

In order to have appropriate tools to achieve integrated and sustainable
management of coastal areas:

10. A panel of contributing indicators to measure the ecological footprint on coastal areas will
be created

11. An ex-post evaluation of results will be conducted

12. Centers of independent expertise will be established

On the basis of these proposals, we recommend the promotion at ?Rio +20? of:

- A resolution to the General Assembly of the United Nations on the requirements of
ICZM
and

- Negotiations on universal principles and methods of intervention of ICZM, leading to a
framework agreement, which will be adapted by each of the regional seas in detailed
regional conventions.

Having regard to the 1972 Stockholm Declaration and more particularly its assertions according
to which ?Man has the fundamental right to freedom, equality and adequate conditions of life,
in an environment of a quality that permits a life of dignity and well being? and ?everybody,
citizens and communities, firms and institutions, whatever ?, assume its responsibilities and
share tasks on an equal level?,

Having regard to the principles of the 1992 Rio declaration, and more particularly Principle 13
which says that ?States shall develop national law regarding liability and compensation for the
victims of pollution and other environmental damage. States shall also cooperate in an
expeditious and more determined manner to develop further international law regarding liability
and compensation for adverse effects of environmental damage caused by activities within their
jurisdiction or control to areas beyond their jurisdiction?,

Having regard to the Action Plan 21,

Having regard to the resolution of the UN General Assembly of the 11th of December 1987
indicating that ? the concept of sustainable development ?should become the directive and
fundamental principle for ? institutions, organizations and private firms?,

Having regard to the Johannesburg declaration on sustainable development and particularly § 27
which underlines that ?in pursuit of its legitimate activities the private sector, including both large
and small companies, has a duty to contribute to the evolution of equitable and sustainable
communities and societies?,

Having regard to the plan implementation of the World Summit for sustainable development
(§140 f) which reminds the necessity of ?promoting the corporate responsibility and being held
accountable and the exchange of the best practices in the context of sustainable development,
including, as appropriate, through multi-stakeholder dialogues ??,

Considering that companies, either private or public, should be considered as full-fledged actors
of Environmental International Law on the same level as States, NGO, or the civil society and
that they have more particularly the best position to take up the challenges of sustainable
development, and to permit the emergence of a green economy. That their role is essential in the
innovation and the development of technologies which respect the environment,

Considering that it is necessary to look at things from the perspective of precautionary and
polluter-pays principles by encouraging team spirit, competitiveness and innovation,

Considering that companies must make interdependent and complementary mainstays -
economic, social and environmental ones - progress on all levels by adopting an integrated
approach,

Considering that companies must save the environment from negative impacts generated/ caused
by their activities, as well towards actual generations as towards future ones; that as a
consequence they must adopt a responsible behavior towards the Human and the Environment,
Considering that they have to respect the binding rules destined to assure the protection of the
environment, in effect on the local, national, regional but also international level, that these rules
are too often unknown and not respected,

Considering that the effectiveness of the protection of the environment has to be ensured,
Considering that serious damages caused to the environment can constitute violations of the
fundamental rights which are internationally recognized and that it is essential to ensure; that it is
important to reinforce these rights as far as the environment and social matters are concerned,
Considering that it is necessary to claim with force and vigour, on the international scale, the
fundamental right of each person to live in a viable and safe environment, which ensure its
dignity; that each State has to protect this right,

Considering that lots of conventions exist in terms of responsibility because of some pollutions
and nuisance generated by economic actors, that however, it is necessary to overcome this
sectoral approach by a more global and general one,

Considering that the time has come to elaborate an international and binding text in this field,
that besides such an option had been planned during the Johannesburg Summit in 2002 and had
even given rise to the involvement of acting that way,

Considering that one should speak to all the multinational or national economic actors, either
private or public, and whatever their status, structure or fields of activity,

Considering that this text which concerns the environmental responsibility of companies has to
be binding to be efficient, that it could not be analyzed in a range of directive and non-binding
principles, that besides it has to be under efficient monitoring mechanisms and sanctions,
Considering that the concept of environmental responsibility, in the context of this
recommendation, has to be taken as the obligation to answer both its actions and inactions which
can, directly or indirectly, cause serious damages to the environment, that these damages are
purely environmental or result in violations to people or goods, and also to repair the violations
thus caused.

Considering that the States are responsible for the violations caused to the environment by the
economic actors which depend on their jurisdictions, that positive obligations of carrying out
everything to prevent and punish these violations - which respect the principle of polluter pays -
weigh on the States,

Considering that the States have to introduce adequate national rules and to be sure of its full
efficiency to real conditions, to inform and warn people, and also to foresee and be sure of the
existence and efficiency of adequate and available remedies in front of a national judge,
permitting to obtain a satisfying compensation,

Considering that the States also have to adopt proper statements to hold back the phenomena of
law shopping or forum shopping by implementing rules of private international law, which will
lead to the carrying out of the final protection of the environment,

Considering that companies are responsible for preventing serious violations to the environment
resulting from their activities and repairing the damages that they could have led to, that this
responsibility must be held nationally, regionally and internationally,

Considering that the consideration of environmental and social issues must be done at the
expense of competition rules and that the implementation of this recommendation must not be
discriminatory,

The Heads of States and governments should decide on what follows:

Article 1

It is not possible to reach the objectives of sustainable development without a full participation of
companies which are the essential actors.

An appropriate management of companies relies on the correct apprehension of social and
environmental data, linked to economic data. Companies have to take into account the plurality
of economic, social and environmental objectives in all their activities and be able to justify the
implementation of principles and criteria of sustainable development.

The States have to make the necessary tools to work out the ecological costs available to
companies and have to implement everything they can to encourage consumption and production
ways which respect the environment and health. They have to ensure more particularly that the
rules of competition law guarantee the recognition of the objectives of sustainable development.
Article 2

Companies shall be liable to the serious violations on the environment and on health which result
from their activities, products or services. Their voluntary initiatives concerning the environment,
social concerns and governance have to be promoted and a company must not be blamed for
going over legal requirements.

Article 3

Companies have to adopt a responsible behavior, based on the internationally recognized
principles which respect all the legislations which are enforceable to them.

A company which establishes itself in a country has to rely on a clear diagnosis of the situation
and consider the possible impacts of its activities on the environment and society, and it has to be
able to justify the recognition of this diagnosis and the answers given to the environmental issues
and the acceptance of these answers by the concerned authorities.

Article 4

In this context, the use of the word ?company? means all the companies, either private or public,
either simple or composed of several entities. In the case of several entities, the word ?company?
refers to these different entities.

When a company has a decisive influence on a controlled entity, it can be blamed for the
behavior of this one.

Article 5

Within the framework of trade relationships with their subcontractors and suppliers, and beyond,
within the framework of their sphere of influence, companies have to be sure of the respect of all
the environmental and social obligations, legally set out.

Article 6

Companies must evaluate the impacts of their actions and put forward accompanying measures
which limit, if necessary, the consequences of the implementation of products - on a given market
- on the environment and health.

Article 7

In order to reduce the consumption of non renewable raw materials, to urge the rational use of
natural resources and to prevent the production of waste, the requirements linked to eco-design
have to be systematically integrated to production processes. Upgrading or recycling both
production residues and products at the end of their life-cycle have to be underlined. The planned
obsolescence of products must be fought against.

The States have to implement a framework of recycling that permits the salvage of raw material
in conditions which respect the environment and people?s health. Without state rules, each
recycling operator has to ensure the respect of its interests.

In accordance with the polluter-pays principle, the producers of products which generate waste
have to be urged on taking responsibility of the charges linked to the collection, the recycling or
the destruction of the waste issued from their products.

Article 8

Companies implement exchange structures with the stakeholders, verify the quality of the
information which are given to them and take into consideration their recommendations.

Article 9

The States have to guarantee the efficiency of the right of the environment and the
implementation of the principles of sustainable development. To reach this purpose, they ensure
the access to justice and make sure of the compensation for damages on the environment, health
and living conditions.

Article 10

The governance of companies relies on a correct identification of social and environmental
information and the availability of both the executive bodies and the associates and others taking
part in it.

Article 11

The rules of companies? accounting must take into account relevant information concerning the
environment.

These informations have to be introduced in an accessible and understandable way and be
coherent with all the available environmental data. An independent hearer must be able to vouch
for the accuracy and fairness of the information thus introduced.

Article 12

The spread reports concerning the economic results of the companies are accompanied with
appropriate environmental and social information.

Companies whose activity may have important consequences on the environment have to
elaborate a code of conduct, or subscribe to an existing code, which recommend the best practices
and give an account of its application or explain why they do not do it.

Article 13

Workers and their representatives have access to all the environmental information hold by the
company and are associated to the management of the stakes they represent.

The working environment must not be dangerous for workers. Like their representatives, they are
associated to the implemented measures and to the management of issues linked to the working
environment.

Companies have to make sure that their employees are correctly trained to issues linked to
sustainable development and, more particularly to the environmental and health consequences of
their activities. When they exist, training plans for workers have to take into account these issues.
When they do not, such plans have to be elaborated to permit a good apprehension of these
issues.

Article 14

Each company has to make available to its products? or services? consumers and to people
information about the environmental and health impact of these products or services.
Each time it seems possible, one will refer to an efficient, clear, easy to check and non-
discriminatory program of eco-labelling to spread this information.

The PNUE will elaborate minimum eco-labelling and environmental labels? schemes to which
the States will refer in their national procedures.

Article 15

Any person who will know information which will permit him to think that serious
environmental or health consequences could result from his/her silence has to be able to alert
freely one of the members of his/her hierarchy or a person assigned to this, or a judicial authority,
or ad hoc, designed by the State in which he/she works.

In accordance with its national legal system and within the limits of its resources, each State takes
appropriate measures to ensure an efficient protection against possible acts of reprisal or
intimidation of witnesses and experts who testify concerning these health or environmental alerts.
Each State takes appropriate measures to ensure the protection against an unfair handling by a
genuine person who casts an environmental or health alert, on acceptable suspicions.

Article 16

The companies which can justify the quality and the reality of their involvement in favor of the
objectives of sustainable development must be able to take advantage of it. The States will get
involved in a procedure of promotion of the initiatives of environmental and social concerns.

Article 17

The environmental, social and companies? governance commitment must be promoted among all
the public purchase procedures. To reach this aim, the States are committed to:

- Either reserve the access to all the public command to companies which can justify for
voluntary approaches in the environmental, social and governing matters verified by a third party
independent organization that they approve.

- Or integrate in all their politics of public demand of specific requirements linked to the
objectives of sustainable development.

The States will make sure that the ban of an access to the public procurement can be sentenced by
judges deciding on environmental, social or of governance matters. The companies sentenced by
decisions which come under the force of res judicata and which are subjected to a ban of an
access to the public procurement will not be able, directly or not, to answer public tenders.

Article 18

In the most important Companies and at least in those which titles are admitted for negotiations
on a ruled market, the pay of the leadership should be determined on the basis of indicators which
significantly refer to the objectives of sustainable development.

Article 19

The financial institutions, either public or private, integrate the objectives of sustainable
development in all their activities.

The private financial institutions transmit their financing criteria linked to sustainable
development that they implement and to which extend they implement them or explain why they
do not implement them.

The public financial institutions put aside their financing to activities which integrate in a
significant and easy to check way the objectives of sustainable development. The criteria of the
choice of the financed plans have to be pre-established, clear and easy to check and a report about
their implementation has to be written every year.

Article 20

The States systematically take into account in their economic agreements an environmental and
social aspect in order to contribute to the satisfaction of the objectives of sustainable
development.

Article 21

Sectoral approaches concerning the responsibility of companies will be developed in the
following fields:

- Transport,

- Waste management,

- Chemistry,

- Water,

- Agriculture and forestry,

- Energy,

- Extractable industries,

- Building and civil engineering works,

- Finance.

In the absence of an agreement on the former elements, it can be planned to :

1 - systematically and explicitly spread to the protection of the environment and to the pursuit of
the objectives of sustainable development the directive principles about companies and human
rights ( Ruggie principles).

2- to devote - within the framework of a text adopted by the States -the fundamental orientations
introduced in the directive lines concerning the societal responsibility : ISO 26000.

3 - to devote and to make restrictive, within the framework of the United Nations, the directive
principles of the OCDE aimed at multinational companies and to establish reinforced
mechanisms for supervision and control.

Given the importance of access to energy for the realization of many basic needs,

Recognizing that nearly one third of humanity has no access to modern sources of energy,

Convinced that the modern energy system, which is heavily based on energy mining, is causing
irreversible damage to the environment and human health,

Recalling that the energy sector is responsible for three fifths of anthropogenic emissions of
greenhouse gases inducing Climate change, and that States are committed at the fifteenth session
of the Conference of Parties to the Framework Convention on Climate change in Copenhagen to
halve emissions by 2050 compared to 1990, and not to exceed an average temperature increase of
2°C in 2100 compared to the pre-industrial era,

Recognizing that decreasing energy mining cannot ensure sustainable access to an
environmentally friendly energy, and that a growing demand for them should lead to higher
prices of energy and may even lead to diplomatic and armed disputes,

Alerted to the need for an energy transition characterized by a quantitative reduction of energy
consumption and an improvement in the quality of energy,

Informed by the IEA, UNDP and UNIDO on the possibility of universal access to energy by
2030, by UNDESA on the need to limit the annual individual consumption to 70 gigajoules of
energy, and by the IPCC on the ability to ensure a supply basis at almost 80% renewable energy
by 2050,

Having noted that no energy source is clean in nature and the cleanliness of a source depends on
how it is used by humans,

Resolved on the need to assess the impact of energy activities,

Stressing that a transition to clean energy would boost economic growth,

Stating that a transition to clean energy is an emergency and that only global and coordinated
action of all actors in the energy sector can ensure effectiveness,

Emphasizing the decision of the United Nations General Assembly to proclaim 2012
International Year of sustainable energy for all,

States are encouraged at the UN Conference on Sustainable Development to be held in June 2012
in Rio de Janeiro, to adopt a roadmap for a transition to clean energy based on the following
commitments:

1. Universal ac access to clean energy must be guaranteed at an economically
acceptable cost, and solidarity mechanisms should be established to supply the
poor free. To this end, the right to energy includes national legislation and
international law.

2. Annual per capita consumption of energy should be limited to 70 gigajoules,
and 80% of global energy supplies should be provided from renewable sources
by 2050.

3. Any activities likely to significantly impact energy requirements (put up for
sale of goods and services, buildings and facilities, activities, public policies,
international treaties) are subject to a preliminary energy assessment and
monitoring, including appropriate corrective action. This assessment is based
on five criteria: improve energy sobriety and energy efficiency, estimate the
embodied energy, guarantee the renewal of the resource, equitable sharing of
the energy mining, and recover energy.

4. The Energy Charter Treaty establishes an essential legal framework for energy
security and should include social and environmental fundamental rights,
strengthen cooperation among States, as well as mechanisms of energy
solidarity.

5. The International Renewable Energy Agency (IRENA) can significantly
contribute to the clean energy transition. It is encouraged to adopt without
delay a plan of action to achieve these objectives, involving all stakeholders in
the energy sector and giving priority to local businesses.

6. The recipients of energy projects should be granted a right to information and
participation in their development and implementation. Only organizations
with the best guarantees of social and environmental ethics should be eligible
for these projects.

7. Subsidies for energy mining will be cancelled and replaced by a global tax on
the production of energy from mineral resources. The revenue generated will
be allocated to the development of projects in accordance with clean energy,
the poorest households, and high-priority spending such as health and
education.

8. Mining energy fields should be conserved for future generations and
preservation of the environment. In return, States could seek compensation
based on the revenue generated by the global tax on the production of energy
from mineral resources and allocated to the development of projects in
accordance with clean energy, the poorest households, and high-priority
spending such as health and education.

9. Quantitative targets in terms of renewable energy and consumption reduction
will be adopted and regularly updated. Certificates and guarantees of origin
will ensure their effectiveness.

10. Technical standards ecodesign will be adopted to ensure that only those goods,
services and activities with the best energy performance are placed on the
market.

11. State programs will encourage investors to develop goods, services and
activities of energy performance above the market supply.

12. All measures will be implemented in order to contribute to an energy
education, especially by incorporating its features and key issues in school
curricula and vocational training.

13. Goods, services and activities using energy is subject to energy performance
labeling, which should be standardized and easily understandable to the public.

14. The rules for energy management will be open-accessed so that anyone can
easily reach this information whose sincerity will be ensured by an energy
auditing.

15. To contribute to the effectiveness of these methods and objectives, public
authorities and companies are encouraged to collaborate with NGOs working
in favor of social and environmental ethics.

Guidelines for international regulations concerning the nanotechnologies

1. Guiding principles

2. Need for balance

3. Potential risks

4. Precautionary approach

5. Risks assessment

6. Cooperation between States

7. Transboundary movements

8. Traceability

9. Information obligations

1. Guiding principles

The Rio Declaration on the Environment and Development has adopted several principles that
must guide any regulation on the emerging technologies, and more specifically :

- Cooperation. ?States should cooperate to strengthen endogenous capacity-building for
sustainable development by improving scientific understanding through exchanges of
scientific and technological knowledge, and by enhancing the development, adaptation,
diffusion and transfer of technologies, including new and innovative technologies?
(Principle 9)

- Participation. ?Environmental issues are best handled with the participation of all
concerned citizens, at the relevant level. At the national level, each individual shall have
appropriate access to information concerning the environment that is held by public
authorities, including information on hazardous materials and activities in their
communities, and the opportunity to participate in decision-making processes. States
shall facilitate and encourage public awareness and participation by making information
widely available (?) (Principle 10)

- Precautionary approach. ?In order to protect the environment, the precautionary
approach shall be widely applied by States according to their capability. Where there are
threats of serious or irreversible damage, lack of full scientific certainty shall not be used
as a reason for postponing cost-effective measures to prevent environmental
degradation? (Principle 15)

- Polluter pays principle. ?National authorities should endeavour to promote the
internalization of environmental costs and the use of economic instruments, taking into
account the approach that the polluter should, in Principle, bear the cost of pollution,
with due regard to the public interest and without distorting international trade and
investment? (Principle 16)

- Preventive action. ?Environmental impact assessment, as a national instrument, shall be
undertaken for proposed activities that are likely to have a significant adverse impact on
the environment and are subject to a decision of a competent national authority?
(Principle 17)

2. Need for Balance

- In that spirit, Member State must do their utmost to avoid reduction of the
potential gains from the implementation of emerging technologies by the
disadvantages that may be caused to the human health or the environment.

3. Potential risks

- The expectations placed on nanotechnology throughout their entire life cycle have
led to heavy investment in research and development. However, they raise serious
concerns about the potential risks that may be caused to the human health or the
environment. The integrity and effectiveness of the natural protective barriers of
living organisms may be affected.

- Lack of scientific certainty due to insufficient relevant scientific information and
knowledge regarding the hazardous character of the products from
nanotechnology make the risks assessment difficult.

4. Precautionary approach

- In accordance with the principle of participation, States have to establish
regulations on the basis of the precautionary principle to prevent the potential
adverse consequences of the products from nanotechnology.

- The risk has to be presumed and assessed. The lack of the generic character of
these products imposing a risk management based on a case by case analysis.

- The placing on the market of the products from nanotechnology does not presume
the absence of risks and the researches on these products must continue.

- With regard to nanomaterials, if informations on bigger objects with the same
chemical composition are available, the minimum valuation in accordance with
the precautionary principle is to consider that nanomaterials show similar dangers.

5. Risks assessment

- States shall not authorize manufacture, application, placing on the market and use
of the products from nanotechnology without this precautionary approach and
shall impose an assessment of the environment and health situation in accordance
with the principle of participation.

- Special attention should be given to the workers exposed to these products.

- States have to take measures to ensure a permanent monitoring on the effects of
these products. Administrative authorities of the State must be sent all relevant
information that is available and should have legal and technical capacities to
search and prevent the potential adverse consequences of the products from
nanotechnology.

- States should make the manufacturing, application, marketing and using
authorisations upon the legal obligation to have technical and financial capacity in
relation to prevent the risks potentially associated with nanotechnology and its
products and repair the damages that may be caused to the human health or the
environment. Liability for development risk cannot furnish a pretext for the
producters to escape liability relating to the products they manufacture and
market.

6. Cooperation between States

- States have to cooperate to consider risks associated with the products
from nanotechnology and the measures to prevent or reduce any adverse
effects. Protection of commercial and industrial secrecy and patent law
may not constitute an obstacle to this cooperation.

- States within whose territory these products are manufactured or
implemented have to pass on information on product risk and to inform
national authorities of the action taken to prevent risks.

- States have to support developing countries to build technical and financial
capacity in relation to the risks potentially associated with nanotechnology
and its products.

7. Transboundary movements

- States shall not authorise international transfers of the products from nanotechnology
without having verification that the State of destination has the technical, legal and
administrative resources to safely manage the risks potentially associated with
nanotechnology and its products, in the light of the present state of scientific and
technical knowledge. For that purpose, a cooperation has to be achieved.
-

8. Traceability

- States have to take appropriate measures to ensure traceability of the products from
nanotechnology throughout their entire life cycle.

9. Information obligations

- When the products derived in part or in full from nanotechnology, States have to
require that the consumers are adequately informed.

- States have to impose the indication of safety precautions on the label or on an
enclosed leaflet for the use of these products and their management as waste.

- States have to promote the public's awareness and guarantee an access to the
information on nanotechnology and its products.

PROTOCOL ON BIOLOGICAL DIVERSITY AND THE PROTECTION OF NATURAL
AND RURAL SPACES ON THE PLANET

Considering that every year hundreds of thousands of hectares of natural areas, forests and
farmland are destroyed or degraded in the world,

Whereas the objectives of the Convention on Biological Diversity and the objectives identified by
the European Union could not be achieved at the end of 2010 and the degradation of biodiversity
is continuing at a rapid pace throughout the world,

Considering that both the United Nations that the European Union, in light of this, have been
forced to review their goals by considering new deadlines,

Considering that the disappearance of land used for a many for agriculture is contradictory to the
objective of adequate food for a world population that could reach 9 billion people by 2050 and
the promotion of local rural development, while it contributes to the erosion of biodiversity,

Whereas the increasing artificiality of soils and their impermeability have direct consequences for
the further conversion of natural and rural areas,

Considering the irreversibility of the situations resulting,

Considering also that the conversion of land long exploited for agriculture has further results on
natural areas, leading to new land clearing, deforestation, drainage of wetlands, disruption of
ecosystems, fragmentation of habitats, and the decline of natural areas, in the logic of competition
between natural areas and the farmland between them,
Whereas the massive purchases of land for agricultural production, energy, mining and tourism in
many parts of the world, at the initiative of private companies and foreign governments, further
accelerate this process,

Whereas the loss of biodiversity can not be stopped under these conditions,

Whereas it is imperative that a policy of creation of new protected areas be pursued and
strengthened around the world,

Considering therefore that a land policy for biodiversity should be defined and promoted
internationally, from the perspective of a harmonization of policies that are intended to create
new protected areas and other measures taken for biodiversity,

Anxious to promote the principle of non-regression of environmental law,

REQUESTS the parties to the Convention on Biological Diversity, meeting in Rio de Janeiro on
14-16 June 2012, to adopt the following recommendation:

PROTOCOL ON BIODIVERSITY AND THE PROTECTION OF NATURAL AND RURAL AREAS

I - PRINCIPLES GUIDING THE ELABORATION OF A GLOBAL STRATGEY FOR

BIOLOGICAL DIVERSITY AND THE PROTECTION OF NATURAL AND RURAL
AREAS

IMPROVEMENT OF LEVEL OF SCIENTIFIC UNDERSTANDING

- Prioritize and generalize the scientific criterion of the natural habitat by incorporating it into:

- National accounting systems and internationally, including biodiversity observatories, the
extent of the ecological footprint, the valuation of ecosystem services provided by nature,
sustainable development indicators

- Policies aimed at protection of biodiversity at the international and regional levels

ESTABLISHMENT OF LEGAL FRAMEWORKS

Natural habitats

- Require states to implement at the national level and through regional agreements network
sof natural habitats and species

- Allow emerging countries and the poorest countries on the planet to have timely access to
scientific tools for knowledge of natural habitats and biodiversity and the assessment of their
condition, and to develop a legal framework on land

Cadastre

- To assist States and local authorities who wish to develop a computerized land
registration system on which to base land policies in general and biodiversity policy in
particular, taking care not to undermine customary rights and the rights of indigenous
peoples, including nomadic peoples
Studies on impacts to land and compensation

- Require states to complete their national law with regulatory measures on environmental
impact assessment, which must incorporate land and associated compensatory measures:

- Inclusion of a land component in impact assessments of the projects of works and
equipment and in the assessment of environmental impacts of plans and programs,
including the scale of the plot, the total area of the project, natural habitats present and
when the environment is degraded, natural habitats that could be restored or rehabilitated,
as well as measures to avoid, reduce, and possibly offset the impacts on species diversity
and habitats

- Where impacts on biodiversity and the habitats of species can not be avoided or reduced,
provided land compensation measures based on the following principles:

- Prohibition of financial compensation and compensation based on the
surface area alone; land compensation must be based on an equivalent
value (ecological, landscape, ...) and have the purpose of conservation of
one or more habitats or its restoration

- Principle of achieving compensation according to local priority

- Protected areas, natural habitats of particular interest, especially for the functionality of
ecosystems and for the renewal of natural resources should not be included in a
compensation mechanism

ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN BIODIVERSITY
PROTECTION AND NATURAL AND RURAL AREAS

Monitoring of transactions

- States must implement a system to monitor transactions involving the land in natural and
rural areas, on the basis of relevant indicators that must be used regularly

Transparency and Access to Information

- States must ensure the transparency and publication of transactions involving land in
natural and rural areas, including through the online publication of land contracts and
deeds of land sales and the amount of transactions

- The UN supports and contributes to regional observatories contributes to the establishment
of a global observatory of natural habitats and biodiversity, using indicators established on
a scientific basis for an objective assessment of their conservation status

- Promote the establishment of local land committees like the Management Committees of
the environment for Agenda 21

Whistleblowers

- International organizations take into consideration the function provided by the
whistleblowers in the field of environment

Training

- The UN supports regional training programs in environmental law, including land rights,
in view of the emergence of a group of professional negotiators of land for biodiversity

TOOLS AND MEANS OF INTERVENTION IN LAND FOR BIODIVERSITY AND THE
PROTECTION OF NATURAL AND RURAL AREAS

Land agents

- Encourage States to establish specialized agencies, national and/or local, for
implementation, primarily, of land measures specifically aimed at the protection of natural
habitats and biodiversity

Regulatory authorities

- Encourage States to establish independent land regulatory authorities with particular
competence and jurisdiction over the land rights issues of right access to land and their
equitable implementation and the implementation of compensatory measures

Conventional protection

- Encourage States to complete their national law by a regulation on the conventional
protection of natural areas and biodiversity, such as the long-term leases and contractual
clauses requiring long-term protection and integrated management of habitats

Global Fund

- Creation of a global fund for the conservation of natural habitats, designed to enable
accredited non-governmental organizations established principally with the objective of
conservation and management of natural areas to acquire or lease long-term large areas to
protect priority natural habitat, while involving local communities in a sustainable and
environmentally friendly management of these territories, and give them the means of
sustainable management with the objective of conservation and habitat functionality and
species

Land strategy and Protected Areas

- In protected areas, states are implementing a land strategy to complement regulatory
measures

- In order to reconcile the protection of biodiversity, the maintenance of natural areas and
the needs of indigenous communities, particularly those of nomadic peoples, recommend
the recognition and the creation of areas of indigenous heritage and community

- Encourage States, under the principle of non-regression, to complete their national law by
ensuring the permanence of the regulatory classification of protected areas

Right of pre-emption

- Recommend that States incorporate in their national law a right of first refusal for the
purpose of protection of natural areas for state and local authorities. In the case of the
establishment of an agency responsible for exercising the right of first refusal, equitable
representation on its deliberative or management structure must be guaranteed, particularly
with respect to indigenous peoples and NGOs established principally for conservation and
management of natural areas

- Establish the authority for states and local governments to allocate preempted assets to an
NGO accredited principally established for the conservation and management of natural
areas

Priority Regions

- Inventory regions reaching a critical threshold, identify land areas of intervention and
designate land policy instruments adapted to their context
- Develop land programs objectives and specific resources for priority areas of the world
such as Africa and Madagascar, South America, Asia, South East

Request States, local authorities and private actors to promote development based on an agro-
system incorporating local models and the protection of biodiversity, soil protection, nutrition
and the fight against poverty

Encourage States to support environmentally friendly agricultural activities, that are compatible
with the soil structure and characteristics, as well as with markets for products

Require the states to regulate the use of pesticides and genetically modified organisms with a
view to ensuring the effective protection of soil and biodiversity as well as safety within public
health policy

General principles

-Require States to incorporate into their national law two principles:
polluter pays principle

- protector-receiver principle

Ecosystem services

Recognition of the principle of ecosystem services

Increase in financial resources through the effective implementation of payment for
environmental services, or equivalent measures, of which the proceeds must be allocated to
actions to protect natural habitats

Local agriculture

Focus on short distribution systems in order to lower the ecological footprint
Promote the direct relationship between producer and consumer

III - HARMONIZATION OF POLICIES AND PROGRAMMES IN RELATION TO
INTERNATIONAL BIODIVERSITY AND LAND PROTECTION OF NATURAL AND
RURAL AREAS

Inventory, conducted by international programs, of provisions that would have the destructive
effect of aggravating degradation of biodiversity, notably by increasing habitat loss, degradation
of biodiversity and destruction of natural and rural areas

Encourage States to seek complementarity between the global and regional programs of
development assistance and food for the protection of biodiversity and protection of natural and
rural land

Include in global and regional programs of development assistance and food the following
principles:

- Integration of the objective of maintenance of natural habitats and rural areas in these
programs

- Designation of agricultural and forestry practices compatible with maintaining the good
condition of conservation of natural habitats

Encourage states and international organizations to develop a common framework for
development aid policies and politics of environmental protection

- Encourage the United Nations to complete the objectives of the Millennium Development Goals,
especially Goal

Recognizing that tourism, in the richness of its diversity is a source of human development and a
condition of peace between peoples, but also an awareness of the essential ecological processes
for the existence of all life forms ;

Convinced that the ability of natural resources, the availability of host populations, the needs of
energy resources to satisfy touristical travels can be maintained in long term only by sustainable
and equitable management of resources into the benefit of present and future generations both
ecological and economic, social, cultural and spiritual point of view ;

Considering the values of peace and exchange of international declarations of tourism as the
World Charter for Sustainable Tourism of Lanzarote and the Global Code of Ethics for Tourism ;

Recognizing the value of the recommendations of the International Conference on small islands
developing and other small islands held in Mahé in 2001 and reiterated by the World Summit on
Ecotourism in Quebec in May 2002;

Whereas there is for the moment no global convention applicable to all touristical practices and
attractions that exist on the Earth ;

Considering that such a global convention on sustainable tourism serve as legal basis for
increased compatibility in the protection and promotion of tourist sites and would strengthen the
existing conventions on related fields ;

Recalling the fundamental principles of international environmental law ;

Claim, failing to convince the opportunity to develop a new global convention on sustainable
tourism among States as well as among international institutions and nongovernmental
organizations, the following recommendations are the basis for the declarations adopted at the
United Nations Conference in Rio in June 2012;

RECOMMENDS:

1. The recognition of sustainable tourism as a factor of socio-cultural development of
populations and / or local communities, for his contribution to the fight against poverty, to
improve their standard of living, to the consideration of peace between peoples ;

2. the improvement of national environmental laws so that they promote :

(i) the revaluation of environmental and social functions of leisure,

(ii) the planning of their development to ensure sustainability of their use,

(iii) a more equitable, participatory and decentralized management of resources, involving all
stakeholders for the benefit of user populations, local and national community ;

3. the adoption of legislation establishing a tourism police authority, in relation to the
environment and tourism ministries, the Coast Guard, and various inspection bodies ;

4. the legal and economic empowerment of population to the ownership and control of their
territories and their heritage resources ;

5. the recognition of legal value to the World Charter for Sustainable Tourism (Lanzarote,
1995) and the Global Partnership for Sustainable Tourism (recognized by the WTO and
UNEP in Costa Rica, 2011);

6. the proclamation of legal value to charters, codes and other global and institutional
instruments of sustainable tourism, by a codification of international law tourism
principles integrating public policies and environmental law;

7. the development of codes of good conduct between public authorities, hotel industry,
airlines compagnies, other tourism stakeholders, local NGOs and the public, combining
tourism development and environmental protection and integrating polluter pays principle
for international tourism activities ;

8. the promotion of national, regional and universal legal instruments for a new governance
of tourist sites, including:

(i) planning tools integrating the principles of prevention and participation from the international
environmental law,

(ii) a zoning density of the main tourist destinations (local, regional, international), after
conducting a strategic environmental assessment and with a sustainable development approach,

(iii) the criteria and indicators for sustainable management of tourist areas,

(iv) environmental certification of tourist sites;

9. the recognition of the value and relevance of an integrating approach to Climate change
for a new sustainable tourism included in the green economy (Gothenburg, 2009,
Copenhagen, 2009), specially with the establishment of new legal and financial
supervisory capacity for air travel and with a discrimination in the choice of tourism
transport for the benefit of non-carbon energy.